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The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2005, ISBN 0110517660

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 67(4) of the Data Protection Act 1998, for approval by resolution of each House of Parliament.

data protection

Made 2005

Coming into force 7th March 2005

Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament;

Whereas the Secretary of State considers that the application of the subject information provisions (or those provisions without modification) in the circumstances and to the extent specified in this Order would be likely to prejudice the carrying out of social work:

Now, therefore, the Secretary of State, in exercise of the powers conferred(f1 on him by sections 30(3) and (4) and 67(2) of the Data Protection Act 1998f2, and after consulting the Information Commissioner in accordance with section 67(3) of that Actf3, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

The functions of the Secretary of State under sections 30 and 67 were transferred to the Lord Chancellor by the Transfer of Functions (Miscellaneous) Order 2001 (S.I. 2001/3500), which Order amended those sections accordingly. The functions of the Lord Chancellor under sections 30 and 67 as amended were transferred back to the Secretary of State by the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), which Order amended those sections accordingly.

f2

1998 c.29.

f3

The Data Protection Commissioner became the Information Commissioner on 30th January 2001 by virtue of sections 18(1) and 87(2)(a) of the Freedom of Information Act 2000 (c. 36). The consultation requirement in section 67(3) of the Data Protection Act 1998 now refers to the Information Commissioner as the definitions of “the Commissioner” in sections 6(1) and 70(1) of that Act have been amended by paragraphs 13(2) and 14(a) of Schedule 2 to the Freedom of Information Act 2000.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Amendments to article 5 of the 2000 Order
  4. 4Amendments to article 7 of the 2000 Order
  5. 5Amendments to the Schedule to the 2000 Order
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 and comes into force on 7th March 2005.

2Interpretation

In this Order, “the 2000 Order” means the Data Protection (Subject Access Modification) (Social Work) Order 2000f1.

3Amendments to article 5 of the 2000 Order

(1)

Article 5 of the 2000 Order is amended in accordance with this article.

(2)

In article 5(2)(a), for “or (o)”, substitute “, (o), (r), (s) or (t)”.

4Amendments to article 7 of the 2000 Order

In article 7(2) of the 2000 Order—

(1)

for “After section 7(11) of the Act insert-”, substitute “In relation to data to which this Order applies by virtue of paragraph 1 of the Schedule, section 7 shall have effect as if after subsection (11) there were inserted-” and

(2)

in paragraph (a) of subsection (12) of section 7 of the Act as modified, for “1(p) or (q)” substitute “1(p), (q), (r), (s) or (t)”.

5Amendments to the Schedule to the 2000 Order

(1)

The Schedule to the 2000 Order is amended in accordance with this article.

(2)

In paragraph 1(p)f1, for “section 41 of the Children’s Act 1989”, substitute “rule 4.10 of the Family Proceedings Rules 1991 or rule 10 of the Family Proceedings Courts (Children Act 1989) Rules 1991”.

(3)

After paragraph 1(q), insert the following new sub-paragraphs—

“(r)

data processed by any officer of the Children and Family Court Advisory and Support Service for the purpose of his functions under section 7 of the Children Act 1989f2, rules 4.11 and 4.11B of the Family Proceedings Rules 1991f3, and rules 11 and 11B of the Family Proceedings Courts (Children Act 1989) Rules 1991f4;

(s)

data processed by any officer of the service appointed as guardian ad litem under rule 9.5(1) of the Family Proceedings Rules 1991f5

(t)

data processed by the Children and Family Court Advisory and Support Service for the purpose of its functions under section 12(1) and (2) and section 13(1), (2) and (4) of the Criminal Justice and Court Services Act 2000f6.”

(4)

In paragraph 2—

(a)

after “probation officer”, insert “, officer of the Children and Family Court Advisory and Support Service”, and

Signature

Name

Parliamentary Under Secretary of State

Department for Constitutional Affairs

Date

Explanatory note

(This note is not part of the Order)

This Order amends the Data Protection Act (Subject Access Modifications) (Social Work) Order 2000 (“the 2000 Order”) to make further partial exemption from the provisions of the Data Protection Act 1998 (“the 1998 Act”), which confer rights on data subjects to gain access to data held about them, of certain data where the exercise of those rights would be likely to prejudice the carrying out of social work by causing serious harm to the physical or mental health or condition of the data subject or another person.

Article 3 makes amendments to article 5 of the 2000 Order, by exempting further categories of processing of personal data from the obligations in section 7(1)(b) to (d) of the 1998 Act (“the subject access provisions”).

Article 4 amends Article 7(2) of the 2000 Order, by applying an amended section 7 of the Act to the data mentioned in paragraph 1 of the Schedule to the 2000 Order.