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The Data Protection Act 1998 (Commencement No. 2) Order 2008

S.I. 2008/1592 · Made 19 June 2008 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 19 June 2008.

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

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

  1. 1Citation
  2. 2Provision commenced on 7th July 2008
  3. Signature
  4. Explanatory note

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—

(a)

the functions of the Secretary of State under the Safeguarding Vulnerable Groups Act 2006f2 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007f3;

(b)

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).