Paragraph 12 I1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 3 para. 8(1)(q)(ii) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(2)(a)
Sch. 3 para. 8(1)(q)(ii) words substituted by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(2)(b)
Sch. 3 para. 8(1)(y) added by Adoption and Children Act (Northern Ireland) 2022 Sch. 3 para. 78(3)
Sch. 3 para. 2(1) words substituted by Veterans Advisory and Pensions Committees Act 2023 s. 2(1)(l)

(1)

This paragraph applies where—

(a)

a question arises as to whether a controller who is a social work authority is obliged by Article 15(1) to (3) of the F1UK GDPR (confirmation of processing, access to data and safeguards for third country transfers) to disclose social work data, and

(b)

the data—

(i)

originated from or was supplied by the Principal Reporter acting in pursuance of the Principal Reporter's statutory duties, and

(ii)

is not data which the data subject is entitled to receive from the Principal Reporter.

(2)

The controller must inform the Principal Reporter of the fact that the question has arisen before the end of the period of 14 days beginning when the question arises.

(3)

Article 15(1) to (3) of the F2UK GDPR (confirmation of processing, access to data and safeguards for third country transfers) do not permit the controller to disclose the data to the data subject unless the Principal Reporter has informed the controller that, in the opinion of the Principal Reporter, the serious harm test is not met with respect to the data.

(4)

In this paragraph “social work authority” means a local authority for the purposes of the Social Work (Scotland) Act 1968.

Annotations

Textual amendments

F1: Words in Sch. 3 para. 12(1)(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(14) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2: Words in Sch. 3 para. 12(3) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(14) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1: Sch. 3 para. 12 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)

Notes on Schedule 3

Textual amendments

F1: Words in Sch. 3 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Notes on Restriction of Article 15 of the UK GDPR: prior opinion of Principal Reporter

Textual amendments

F1: Words in Sch. 3 para. 12 cross-heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 93(13) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)