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

Draft 2005, ISBN 0110517660

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.

Made under: Data Protection Act 1998

## Introductory text

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( on him by sections 30(3) and (4) and 67(2) of the Data Protection Act 1998, and after consulting the Information Commissioner in accordance with section 67(3) of that Act, hereby makes the following Order:

## 1 Citation 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.

## 2 Interpretation

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

## 3 Amendments 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)”.

## 4 Amendments 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)”.

## 5 Amendments 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), 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 1989, rules 4.11 and 4.11B of the Family Proceedings Rules 1991, and rules 11 and 11B of the Family Proceedings Courts (Children Act 1989) Rules 1991;
(s) data processed by any officer of the service appointed as guardian ad litem under rule 9.5(1) of the Family Proceedings Rules 1991
(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 2000.”
(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.

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Source: https://www.legislation.gov.uk/ukdsi/2005/0110517660 (the official version)
Page: https://openlegislation.uk/draft-data-protection-subject-access-modification-social-work-amendment-order-2005
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.