OpenLegislation

Section 33 Other definitionsI1

United Kingdom

(1)

This section defines certain other expressions used in this Part.

(1A)

F1“Consent” of the data subject to the processing of personal data means a freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of the personal data (and see section 40A).

(2)

“Employee”, in relation to any person, includes an individual who holds a position (whether paid or unpaid) under the direction and control of that person.

(3)

“Personal data breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed.

(4)

“Profiling” means any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects relating to an individual, in particular to analyse or predict aspects concerning that individual's performance at work, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.

(5)

“Recipient”, in relation to any personal data, means any person to whom the data is disclosed, whether a third party or not, but it does not include a public authority to whom disclosure is or may be made in the framework of a particular inquiry in accordance with the law.

(6)

“Restriction of processing” means the marking of stored personal data with the aim of limiting its processing for the future.

(6A)

F2“Sensitive processing” has the meaning given in section 35(8).

(7)

“Third country” means a country or territory F3outside the United Kingdom.

(8)

Sections 3 and 205 include definitions of other expressions used in this Part.

Annotations

Textual amendments

F1

S. 33(1A) inserted (19.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 69(2), 142(3)(a)

F2

S. 33(6A) inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 74(3), 142(1); S.I. 2025/904, reg. 2(c)

F3

Words in s. 33(7) 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. 37 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

I1

S. 33 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)