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The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2011

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

Draft 2011, ISBN 9780111506349

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.

This Statutory Instrument has been printed to correct an error in S.I. 2005/467 and is being issued free of charge to all known recipients of that Statutory Instrument.

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 2011

Coming into force 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 30(3) of the Data Protection Act 1998f1.

The Secretary of State considers that the application of the subject information provisions without the modification made by this Order in relation to the data specified in this Order would be likely to prejudice the carrying out of social work.

In accordance with section 67(3) of that Act, he has consulted the Information Commissioner.

In accordance with section 67(4) of that Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

1998 c.29.

Contents

  1. 1Citation and commencement
  2. 2Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000
  3. 3Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000
  4. 4Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000
  5. 5Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000
  6. Signature
  7. Explanatory note

1Citation and commencement

This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2011 and comes into force on the day after the day on which it is made.

2Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000

The Data Protection (Subject Access Modification) (Social Work) Order 2000f1 is amended in accordance with articles 3, 4 and 5 below.

3Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000

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

4Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000

In article 7(2), for “(s) or (t)”, substitute “(rr), (s), (t) or (tt)”.

5Amendments to the Data Protection (Subject Access Modification) (Social Work) Order 2000

In paragraph 1 of the Schedule insert at the appropriate places—

“(rr)

data processed by the Welsh family proceedings officer for the purposes of the functions under section 7 of the Children Act 1989f1, rules 4.11 and 4.11B of the Family Proceedings Rules 1991f2, and rules 11 and 11B of the Family Proceedings Courts (Children Act 1989) Rules 1991f3;”; and

“(tt)

data processed by the Welsh Ministers for the purposes of their functions under section 35(1) and (2) and section 36(1), (2), (4), (5) and (6) of the Children Act 2004f4;”.

Signature

Signed by authority of the Secretary of State

Minister of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Order)

Under section 30(3) of the Data Protection Act 1998, the Secretary of State may modify provisions in the Act relating to personal data about health or condition processed by government departments and certain other bodies from the application of the subject information provisions when compliance would be likely to prejudice the carrying out of social work.

This Order amends the Data Protection (Subject Access Modification) (Social Work) Order 2000 (S.I. 2000/415) so that the Welsh Ministers and Welsh family proceedings officers are given a partial exemption from the subject information provisions in relation to certain data processed by them. The Children and Family Court Advisory and Support Service in Wales (known as CAFCASS Cymru) was a functional division of the National Assembly for Wales, and was in error not included in Schedule 1 to the Data Protection (Subject Access Modification) (Social Work) Order 2000 when that Order was amended by the Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005 (S.I. 2005/467). This Order therefore adds the Welsh Ministers and Welsh family proceedings officers to the list of bodies in paragraph 1 of the Schedule to the Data Protection (Subject Access Modification) (Social Work) Order 2000.