The Data Protection Act 1998 (Commencement No. 2) Order 2008
S.I. 2008/1592 · Made 19 June 2008 · Extends to United Kingdom
Data Protection
Made 19th June 2008
The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 75(3) of the Data Protection Act 1998f1:
Annotations to the whole text
Footnotes
- f1
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1998 c. 29; section 75 was amended by paragraph 9(1)(a) of Schedule 2 to the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), paragraph 15(1) and (3) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), and paragraph 4(2)(a) and (b) of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).
Contents
1CitationI1
This Order may be cited as the Data Protection Act 1998 (Commencement No. 2) Order 2008.
2Provision commenced on 7th July 2008I1
7th July 2008 is the day appointed for the coming into force of section 56 of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)f1 insofar as it relates to the entries in the table in subsection (6) of that section which relate to—
the functions of the Independent Barring Boardf4 under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.
Signature
Signed by authority of the Secretary of State
Michael Wills
Minister of State
Ministry of Justice
19th June 2008
Explanatory note
(This note is not part of the Order)
This is the second Commencement Order made under the Data Protection Act 1998.
Article 2 of this Order provides for the partial commencement of section 56 of the Data Protection Act 1998 (c. 29) (“DPA”) on the 7th of July 2008. Section 56 prohibits a person, A, from requiring an individual, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the DPA. The prohibition applies in circumstances specified in section 56, for example where B is seeking employment with A. However, Article 2 commences section 56 only in relation to information held by the Secretary of State or by the Independent Barring Board pursuant to their respective functions under the Safeguarding Vulnerable Groups Act 2006 (c. 47) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11) (the Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act).