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The Data Protection Act 1998 (Commencement No. 3) Order 2011

S.I. 2011/601 · Made 2 March 2011 · Extends to United Kingdom

Up to date with all changes known to legislation.gov.uk, revised to 2 March 2011.

Data Protection

Made 2nd March 2011

The Secretary of State for Education makes the following Order in exercise of the powers conferred 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. 2Partial commencement of section 56 of the Data Protection Act 1998
  3. Signature
  4. Explanatory note

1CitationI1

This Order may be cited as the Data Protection Act 1998 (Commencement No. 3) Order 2011.

2Partial commencement of section 56 of the Data Protection Act 1998I1

The day after the day on which this Order is made 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 a record containing information relating to the Scottish Ministers’ functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007f2.

Signature

Tim Loughton

Parliamentary Under Secretary of State

Department for Education

2nd March 2011

Explanatory note

(This note is not part of the Order)

This is the third 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 day after the day on which this Order is made. 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 Scottish Ministers pursuant to their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007 (asp. 14).