Section 82 Processing to which this Part appliesI1

(A1)

F1This Part—

(a)

applies to processing of personal data by an intelligence service, and

(b)

applies to processing of personal data by a qualifying competent authority where the processing is the subject of a designation notice that is for the time being in force (see sections 82A to 82E).

(1)

This Part applies F2only to—

(a)

F3processing of personal data wholly or partly by automated means, and

(b)

F4processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system.

(2)

In this Part, “intelligence service” means—

(a)

the Security Service;

(b)

the Secret Intelligence Service;

(c)

the Government Communications Headquarters.

(2A)

F5In this Part—

“competent authority” has the same meaning as in Part 3;
“qualifying competent authority” means a competent authority specified or described in regulations made by the Secretary of State.

(3)

A reference in this Part to the processing of personal data is to processing to which this Part applies.

(4)

F6Regulations under this section are subject to the affirmative resolution procedure.

Annotations

Textual amendments

F1: S. 82(A1) inserted (17.11.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(a), 142(1); S.I. 2025/996, reg. 2(2)(a)
F2: Word in s. 82(1) inserted (17.11.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(b)(i), 142(1); S.I. 2025/996, reg. 2(2)(a)
F3: Word in s. 82(1)(a) substituted (17.11.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(b)(ii), 142(1); S.I. 2025/996, reg. 2(2)(a)
F4: Word in s. 82(1)(b) substituted (17.11.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(b)(iii), 142(1); S.I. 2025/996, reg. 2(2)(a)
F5: S. 82(2A) inserted (19.6.2025 for specified purposes, 17.11.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(c), 142(1)(2)(h); S.I. 2025/996, reg. 2(2)(a)
F6: S. 82(4) inserted (19.6.2025 for specified purposes, 17.11.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 89(2)(d), 142(1)(2)(h); S.I. 2025/996, reg. 2(2)(a)

Commencement

I1: S. 82 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(d)