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Data Protection Act 1998

1998 CHAPTER 29

ARRANGEMENT OF SECTIONS

Go to Preamble

  1. Part I

    Preliminary

    1. 1. Basic interpretative provisions.

    2. 2. Sensitive personal data.

    3. 3. The special purposes.

    4. 4. The data protection principles.

    5. 5. Application of Act.

    6. 6. The Commissioner and the Tribunal.

  2. Part II

    Rights of data subjects and others

    1. 7. Right of access to personal data.

    2. 8. Provisions supplementary to section 7.

    3. 9. Application of section 7 where data controller is credit reference agency.

    4. 10. Right to prevent processing likely to cause damage or distress.

    5. 11. Right to prevent processing for purposes of direct marketing.

    6. 12. Rights in relation to automated decision-taking.

    7. 13. Compensation for failure to comply with certain requirements.

    8. 14. Rectification, blocking, erasure and destruction.

    9. 15. Jurisdiction and procedure.

  3. Part III

    Notification by data controllers

    1. 16. Preliminary.

    2. 17. Prohibition on processing without registration.

    3. 18. Notification by data controllers.

    4. 19. Register of notifications.

    5. 20. Duty to notify changes.

    6. 21. Offences.

    7. 22. Preliminary assessment by Commissioner.

    8. 23. Power to make provision for appointment of data protection supervisors.

    9. 24. Duty of certain data controllers to make certain information available.

    10. 25. Functions of Commissioner in relation to making of notification regulations.

    11. 26. Fees regulations.

  4. Part IV

    Exemptions

    1. 27. Preliminary.

    2. 28. National security.

    3. 29. Crime and taxation.

    4. 30. Health, education and social work.

    5. 31. Regulatory activity.

    6. 32. Journalism, literature and art.

    7. 33. Research, history and statistics.

    8. 34. Information available to the public by or under enactment.

    9. 35. Disclosures required by law or made in connection with legal proceedings etc.

    10. 36. Domestic purposes.

    11. 37. Miscellaneous exemptions.

    12. 38. Powers to make further exemptions by order.

    13. 39. Transitional relief.

  5. Part V

    Enforcement

    1. 40. Enforcement notices.

    2. 41. Cancellation of enforcement notice.

    3. 42. Request for assessment.

    4. 43. Information notices.

    5. 44. Special information notices.

    6. 45. Determination by Commissioner as to the special purposes.

    7. 46. Restriction on enforcement in case of processing for the special purposes.

    8. 47. Failure to comply with notice.

    9. 48. Rights of appeal.

    10. 49. Determination of appeals.

    11. 50. Powers of entry and inspection.

  6. Part VI

    Miscellaneous and General

    1. Functions of Commissioner

      1. 51. General duties of Commissioner.

      2. 52. Reports and codes of practice to be laid before Parliament.

      3. 53. Assistance by Commissioner in cases involving processing for the special purposes.

      4. 54. International co-operation.

    2. Unlawful obtaining etc. of personal data

      1. 55. Unlawful obtaining etc. of personal data.

    3. Records obtained under data subject’s right of access

      1. 56. Prohibition of requirement as to production of certain records.

      2. 57. Avoidance of certain contractual terms relating to health records.

    4. Information provided to Commissioner or Tribunal

      1. 58. Disclosure of information.

      2. 59. Confidentiality of information.

    5. General provisions relating to offences

      1. 60. Prosecutions and penalties.

      2. 61. Liability of directors etc.

    6. Amendments of Consumer Credit Act 1974

      1. 62. Amendments of Consumer Credit Act 1974.

    7. General

      1. 63. Application to Crown.

      2. 64. Transmission of notices etc. by electronic or other means.

      3. 65. Service of notices by Commissioner.

      4. 66. Exercise of rights in Scotland by children.

      5. 67. Orders, regulations and rules.

      6. 68. Meaning of “accessible record”.

      7. 69. Meaning of “health professional”.

      8. 70. Supplementary definitions.

      9. 71. Index of defined expressions.

      10. 72. Modifications of Act.

      11. 73. Transitional provisions and savings.

      12. 74. Minor and consequential amendments and repeals and revocations.

      13. 75. Short title, commencement and extent.

  7. Schedules:

    1. Schedule 1

      The data protection principles.

      1. Part I

        The principles.

      2. Part II

        Interpretation of the principles in Part I.

    2. Schedule 2

      Conditions relevant for purposes of the first principle: processing of any personal data.

    3. Schedule 3

      Conditions relevant for purposes of the first principle: processing of sensitive personal data.

    4. Schedule 4

      Cases where the eighth principle does not apply.

    5. Schedule 5

      The Data Protection Commissioner and the Data Protection Tribunal.

      1. Part I

        The Commissioner.

      2. Part II

        The Tribunal.

      3. Part III

        Transitional provisions.

    6. Schedule 6

      Appeal proceedings.

    7. Schedule 7

      Miscellaneous exemptions.

    8. Schedule 8

      Transitional relief.

      1. Part I

        Interpretation of Schedule.

      2. Part II

        Exemptions available before 24th October 2001.

      3. Part III

        Exemptions available after 23rd October 2001 but before 24th October 2007.

      4. Part IV

        Exemptions after 23rd October 2001 for historical research.

      5. Part V

        Exemption from section 22.

    9. Schedule 9

      Powers of entry and inspection.

    10. Schedule 10

      Further provisions relating to assistance under section 53.

    11. Schedule 11

      Educational records.

    12. Schedule 12

      Accessible public records.

    13. Schedule 13

      Modifications of Act having effect before 24th October 2007.

    14. Schedule 14

      Transitional provisions and savings.

    15. Schedule 15

      Minor and consequential amendments.

    16. Schedule 16

      Repeals and revocations.

      1. Part I

        Repeals.

      2. Part II

        Revocations.

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:—

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