OpenLegislation

Section 25 Manual unstructured data used in longstanding historical researchC1I1

(1)

The provisions of F1the UK GDPR listed in subsection (2) do not apply to personal data to which F2the UK GDPR applies by virtue of F3Article 2(1A) (manual unstructured personal data held by FOI public authorities) at any time when—

(a)

the personal data—

(i)

is subject to processing which was already underway immediately before 24 October 1998, and

(ii)

is processed only for the purposes of historical research, and

(b)

the processing is not carried out—

(i)

for the purposes of measures or decisions with respect to a particular data subject, or

(ii)

in a way that causes, or is likely to cause, substantial damage or substantial distress to a data subject.

(2)

Those provisions are—

(a)

in Chapter II F4...(principles), Article 5(1)(d) (the accuracy principle), and

(b)

in Chapter III F5... (rights of the data subject)—

(i)

Article 16 (right to rectification), and

(ii)

Article 17(1) and (2) (right to erasure).

(3)

The exemptions in this section apply in addition to the exemptions in section 24.

Annotations

Textual amendments

F1

Words in s. 25(1) 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. 33(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F2

Words in s. 25(1) 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. 33(2)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in s. 25(1) 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. 33(2)(c) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F4

Words in s. 25(2)(a) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 33(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F5

Words in s. 25(2)(b) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 33(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Modifications

C1

Pt. 2 Ch. 3 applied (31.12.2020) by Regulation (EU) No. 625/2017, Art. 143 (as substituted by The Official Controls (Animals, Feed and Food, Plant Health etc.) (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1481), regs. 1, 27(3) (with reg. 46))

Commencement

I1

S. 25 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)