{
  "url": "https://openlegislation.uk/data-protection-act-2018/section-172",
  "json_url": "https://openlegislation.uk/data-protection-act-2018/section-172.json",
  "legislation": "ukpga/2018/12",
  "legislation_title": "Data Protection Act 2018",
  "legislation_url": "https://openlegislation.uk/data-protection-act-2018",
  "path": "section/172",
  "kind": "section",
  "number": "172",
  "heading": "Re-identification: effectiveness testing conditions",
  "text": "(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).\n(2) The first condition is that the person acted—\n(a) with a view to testing the effectiveness of the de-identification of personal data,\n(b) without intending to cause, or threaten to cause, damage or distress to a person, and\n(c) in the reasonable belief that, in the particular circumstances, re-identifying the information was justified as being in the public interest.\n(3) The second condition is that the person notified the Commission or the controller responsible for de-identifying the personal data about the re-identification—\n(a) without undue delay, and\n(b) where feasible, not later than 72 hours after becoming aware of it.\n(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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 172 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2018/12/section/172",
    "retrieved_at": "2026-10-29T09:04:55.804064+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}