Section 172 Re-identification: effectiveness testing conditionsI1

(1)

For the purposes of section 171, in relation to a person who re-identifies information that is de-identified personal data, “the effectiveness testing conditions” means the conditions in subsections (2) and (3).

(2)

The first condition is that the person acted—

(a)

with a view to testing the effectiveness of the de-identification of personal data,

(b)

without intending to cause, or threaten to cause, damage or distress to a person, and

(c)

in the reasonable belief that, in the particular circumstances, re-identifying the information was justified as being in the public interest.

(3)

The second condition is that the person notified the F1Commission or the controller responsible for de-identifying the personal data about the re-identification—

(a)

without undue delay, and

(b)

where feasible, not later than 72 hours after becoming aware of it.

(4)

Where there is more than one controller responsible for de-identifying personal data, the requirement in subsection (3) is satisfied if one or more of them is notified.

Annotations

Textual amendments

F1: Word in s. 172(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement

I1: S. 172 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)