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The Data Protection Act 1998
The Data Protection Act 1998
1998 Chapter 29
1998 Chapter 29
An Act to make new provision for the regulation of the processing of information relating to individuals, including the obtaining, holding, use or disclosure of such information. [16th July 1998]. Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:
Introductory Text
See here for details of the current DPA(1998):---> The Data Protection Act 1998 (c.29)Part I Preliminary
1. Basic interpretative provisions.
2. Sensitive personal data.
3. The special purposes.
4. The data protection principles.
5. Application of Act.
6. The Commissioner and the Tribunal.
Part II Rights of data subjects and others2. Sensitive personal data.
3. The special purposes.
4. The data protection principles.
5. Application of Act.
6. The Commissioner and the Tribunal.
7. Right of access to personal data.
8. Provisions supplementary to section 7.
9. Application of section 7 where data controller is credit reference agency.
9A. Unstructured personal data held by public authorities.
10. Right to prevent processing likely to cause damage or distress.
11. Right to prevent processing for purposes of direct marketing.
12. Rights in relation to automated decision-taking.
12A. Rights of data subjects in relation to exempt manual data.
13. Compensation for failure to comply with certain requirements.
14. Rectification, blocking, erasure and destruction.
15. Jurisdiction and procedure.
Part III Notification by data controllers8. Provisions supplementary to section 7.
9. Application of section 7 where data controller is credit reference agency.
9A. Unstructured personal data held by public authorities.
10. Right to prevent processing likely to cause damage or distress.
11. Right to prevent processing for purposes of direct marketing.
12. Rights in relation to automated decision-taking.
12A. Rights of data subjects in relation to exempt manual data.
13. Compensation for failure to comply with certain requirements.
14. Rectification, blocking, erasure and destruction.
15. Jurisdiction and procedure.
16. Preliminary.
17. Prohibition on processing without registration.
18. Notification by data controllers.
19. Register of notifications.
20. Duty to notify changes.
21. Offences.
22. Preliminary assessment by Commissioner.
23. Power to make provision for appointment of data protection supervisors.
24. Duty of certain data controllers to make certain information available.
25. Functions of Commissioner in relation to making of notification regulations.
26. Fees regulations.
Part IV Exemptions17. Prohibition on processing without registration.
18. Notification by data controllers.
19. Register of notifications.
20. Duty to notify changes.
21. Offences.
22. Preliminary assessment by Commissioner.
23. Power to make provision for appointment of data protection supervisors.
24. Duty of certain data controllers to make certain information available.
25. Functions of Commissioner in relation to making of notification regulations.
26. Fees regulations.
27. Preliminary.
28. National security.
29. Crime and taxation.
30. Health, education and social work.
31. Regulatory activity.
32. Journalism, literature and art.
33. Research, history and statistics.
33A. Manual data held by public authorities.
34. Information available to the public by or under enactment.
35. Disclosures required by law or made in connection with legal proceedings etc.
35A. Parliamentary privilege.
36. Domestic purposes.
37. Miscellaneous exemptions.
38. Powers to make further exemptions by order.
39. Transitional relief.
Part V Enforcement28. National security.
29. Crime and taxation.
30. Health, education and social work.
31. Regulatory activity.
32. Journalism, literature and art.
33. Research, history and statistics.
33A. Manual data held by public authorities.
34. Information available to the public by or under enactment.
35. Disclosures required by law or made in connection with legal proceedings etc.
35A. Parliamentary privilege.
36. Domestic purposes.
37. Miscellaneous exemptions.
38. Powers to make further exemptions by order.
39. Transitional relief.
40. Enforcement notices.
41. Cancellation of enforcement notice.
41A. Assessment notices
41B. Assessment notices: limitations
41C. Code of practice about assessment notices
42. Request for assessment.
43. Information notices.
44. Special information notices.
45. Determination by Commissioner as to the special purposes.
46. Restriction on enforcement in case of processing for the special purposes.
47. Failure to comply with notice.
48. Rights of appeal.
49. Determination of appeals.
50. Powers of entry and inspection.
41. Cancellation of enforcement notice.
41A. Assessment notices
41B. Assessment notices: limitations
41C. Code of practice about assessment notices
42. Request for assessment.
43. Information notices.
44. Special information notices.
45. Determination by Commissioner as to the special purposes.
46. Restriction on enforcement in case of processing for the special purposes.
47. Failure to comply with notice.
48. Rights of appeal.
49. Determination of appeals.
50. Powers of entry and inspection.
Part VI Miscellaneous and General
Functions of Commissioner
SchedulesFunctions of Commissioner
51. General duties of Commissioner.
52. Reports and codes of practice to be laid before Parliament.
52A. Data-sharing code
52B. Data-sharing code: procedure
52C. Alteration or replacement of data-sharing code
52D. Publication of data-sharing code
52E. Effect of data-sharing code
53. Assistance by Commissioner in cases involving processing for the special purposes.
54. International co-operation.
54A. Inspection of overseas information systems
Unlawful obtaining etc. of personal dataMonetary penalties52. Reports and codes of practice to be laid before Parliament.
52A. Data-sharing code
52B. Data-sharing code: procedure
52C. Alteration or replacement of data-sharing code
52D. Publication of data-sharing code
52E. Effect of data-sharing code
53. Assistance by Commissioner in cases involving processing for the special purposes.
54. International co-operation.
54A. Inspection of overseas information systems
55A. Power of Commissioner to impose monetary penalty
55B. Monetary penalty notices: procedural rights
55C. Guidance about monetary penalty notices
55D. Monetary penalty notices: enforcement
55E. Notices under sections 55A and 55B: supplemental
Records obtained under data subject’s right of access55B. Monetary penalty notices: procedural rights
55C. Guidance about monetary penalty notices
55D. Monetary penalty notices: enforcement
55E. Notices under sections 55A and 55B: supplemental
56. Prohibition of requirement as to production of certain records.
57. Avoidance of certain contractual terms relating to health records.
Information provided to Commissioner or Tribunal General provisions relating to offences57. Avoidance of certain contractual terms relating to health records.
60. Prosecutions and penalties.
61. Liability of directors etc.
Amendments of Consumer Credit Act 1974
62. Amendments of Consumer Credit Act 1974.
General61. Liability of directors etc.
Amendments of Consumer Credit Act 1974
62. Amendments of Consumer Credit Act 1974.
63. Application to Crown.
63A. Application to Parliament.
64. Transmission of notices etc. by electronic or other means.
65. Service of notices by Commissioner.
66. Exercise of rights in Scotland by children.
67. Orders, regulations and rules.
68. Meaning of “accessible record”.
69. Meaning of “health professional”.
70. Supplementary definitions.
71. Index of defined expressions.
72. Modifications of Act.
73. Transitional provisions and savings.
74. Minor and consequential amendments and repeals and revocations.
75. Short title, commencement and extent.
63A. Application to Parliament.
64. Transmission of notices etc. by electronic or other means.
65. Service of notices by Commissioner.
66. Exercise of rights in Scotland by children.
67. Orders, regulations and rules.
68. Meaning of “accessible record”.
69. Meaning of “health professional”.
70. Supplementary definitions.
71. Index of defined expressions.
72. Modifications of Act.
73. Transitional provisions and savings.
74. Minor and consequential amendments and repeals and revocations.
75. Short title, commencement and extent.
- SCHEDULE 1
The data protection principles - SCHEDULE 2
Conditions relevant for purposes of the first principle: processing of any personal data - SCHEDULE 3
Conditions relevant for purposes of the first principle: processing of sensitive personal data - SCHEDULE 4
Cases where the eighth principle does not apply - SCHEDULE 5
The Data Protection Commissioner and the Data Protection Tribunal - SCHEDULE 6
Appeal proceedings - SCHEDULE 7
Miscellaneous exemptions - SCHEDULE 8
Transitional relief - SCHEDULE 9
Powers of entry and inspection - SCHEDULE 10
Further provisions relating to assistance under section 53 - SCHEDULE 11
Educational records - SCHEDULE 12
Accessible public records - SCHEDULE 13
Modifications of Act having effect before 24th October 2007 - SCHEDULE 14
Transitional provisions and savings - SCHEDULE 15
Minor and consequential amendments - SCHEDULE 16
Repeals and revocations
See here for details of the original DPA(1984):---> Data Protection Act 1984 (c.35)
