Section 226A Bulk personal datasets: low or no reasonable expectation of privacyF1

(1)

This section applies to a bulk personal dataset if the nature of the bulk personal dataset is such that the individuals to whom the personal data relates could have no, or only a low, reasonable expectation of privacy in relation to the data.

(2)

In considering whether this section applies to a bulk personal dataset, regard must be had to all the circumstances, including in particular the factors in subsection (3).

(3)

Those factors are—

(a)

the nature of the data;

(b)

the extent to which—

(i)

the data has been made public by the individuals, or

(ii)

the individuals have consented to the data being made public;

(c)

if the data has been published, the extent to which it was published subject to editorial control or by a person acting in accordance with professional standards;

(d)

if the data has been published or is otherwise in the public domain, the extent to which the data is widely known about;

(e)

the extent to which the data has already been used in the public domain.

Annotations

Textual amendments

F1: Pt. 7A inserted (14.10.2024) by Investigatory Powers (Amendment) Act 2024 (c. 9), ss. 2, 32(2); S.I. 2024/1021, reg. 2(b)