Section 194 Effect of the FrameworkI1

(1)

When carrying out processing of personal data which is the subject of a document issued under section 192(3) which is for the time being in force, a person must have regard to the document.

(2)

A failure to act in accordance with a provision of such a document does not of itself make a person liable to legal proceedings in a court or tribunal.

(3)

A document issued under section 192(3), including an amendment or replacement document, is admissible in evidence in legal proceedings.

(4)

In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of any document issued under section 192(3) in determining a question arising in the proceedings if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the court or tribunal to be relevant to the question.

(5)

In determining a question arising in connection with the carrying out of any of the F1Commission's functions, the Commission must take into account a provision of a document issued under section 192(3) if—

(a)

the question relates to a time when the provision was in force, and

(b)

the provision appears to the Commission to be relevant to the question.

Annotations

Textual amendments

F1: Word in s. 194(5) 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. 194 in force at 23.7.2018 by S.I. 2018/625, reg. 3(k)

Notes on Part 7

Modifications

C1: Pt. 7 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))
C2: Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))