Data (Use and Access) Act 2025

(45A) (1) The Secretary of State must keep a register of information relating to apparatus in streets in Northern Ireland. (2) The register is to be known as the National Underground Asset Register (and is referred to in this Order as “NUAR”). (3) NUAR must be kept in such form and manner as may be prescribed. (4) The Secretary of State must make arrangements so as to enable any person who is required, by a provision of this Order, to enter information into NUAR to have access to NUAR for that purpose. (5) The obligations of the Secretary of State under paragraph (1) and under section 106A(1) of the New Roads and Street Works Act 1991 (keeping of register of information relating to apparatus in streets in England and Wales) may be discharged by the keeping of a single register in relation to England, Wales and Northern Ireland. (45B) (1) Before the end of the initial upload period an undertaker having apparatus in a street must enter into NUAR— (a) all information that is included in the undertaker’s records under Article 39(1) on the archive upload date, and (b) any other information of a prescribed description that is held by the undertaker on that date. (2) The duty under paragraph (1) does not apply in such cases as may be prescribed. (3) Information must be entered into NUAR under paragraph (1) in such form and manner as may be prescribed. (4) An undertaker who fails to comply with a duty placed on the undertaker under this Article— (a) commits an offence, and (b) is liable to compensate any person in respect of damage or loss incurred by the person in consequence of the failure. (5) A person who commits an offence under paragraph (4)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (6) In criminal or civil proceedings against an undertaker arising out of a failure to comply with a duty under this Article, it is a defence for the undertaker to show that all reasonable care was taken to secure that no such failure occurred by— (a) the undertaker and the undertaker’s employees, and (b) any contractor of the undertaker and the contractor’s employees. (7) For the purposes of paragraph (1) the Secretary of State must by regulations— (a) specify a date as “the archive upload date”, and (b) specify a period beginning with that date as the “initial upload period”. (45C) (1) The Secretary of State may by regulations make provision for or in connection with making information kept in NUAR available. (2) The regulations may (among other things)— (a) make provision about which information, or descriptions of information, may be made available; (b) make provision about the descriptions of person to whom information may be made available; (c) make provision for information to be made available subject to exceptions; (d) make provision requiring or authorising the Secretary of State to adapt, modify or obscure information before making it available; (e) make provision authorising all information kept in NUAR to be made available to prescribed descriptions of person under prescribed conditions; (f) make provision about the purposes for which information may be made available; (g) make provision about the form and manner in which information may be made available; (h) make provision for or in connection with the granting of licences by the Secretary of State in relation to any non-Crown IP rights that may exist in relation to information made available (including provision about the form of a licence and the terms and conditions of a licence); (i) make provision for information to be made available for free or for a fee; (j) make provision about the amounts of the fees, including provision for the amount of a fee to be an amount which is intended to exceed the cost of the things in respect of which the fee is charged; (k) make provision about how funds raised by means of fees must or may be used, including provision for funds to be paid to persons who are required, by a provision of this Order, to enter information into NUAR. (3) Except as otherwise prescribed and subject to Article 45I, processing of information by the Secretary of State in exercise of functions conferred by or under Article 45A or this Article does not breach— (a) an obligation of confidence owed by the Secretary of State, or (b) any other restriction on the processing of information (however imposed). (4) In this Article— - “database right” has the same meaning as in Part 3 of the Copyright and Rights in Databases Regulations 1997 (S.I. 1997/3032); - “non-Crown IP right” means any copyright, database right or other intellectual property right which is not owned by the Crown; - “processing” has the same meaning as in the Data Protection Act 2018 (see section 3(4) of that Act). (45D) (1) The Secretary of State must produce guidance for persons described in paragraph (2) about how to protect information kept in, or obtained from, NUAR. (2) The persons are persons who, pursuant to regulations made under Article 45C, are able to access information kept in NUAR. (3) The Secretary of State may revise or replace the guidance. (4) The Secretary of State must publish the guidance (and any revised or replacement guidance) in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons described in paragraph (2). (5) The same guidance may discharge the obligations of the Secretary of State under this Article and under section 106D of the New Roads and Street Works Act 1991. (45E) (1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to pay fees to the Secretary of State for or in connection with the exercise by the Secretary of State of any function conferred by or under a NUAR provision. (2) The regulations may— (a) specify the amounts of the fees, or the maximum amounts of the fees, or (b) provide for the amounts of the fees, or the maximum amounts of the fees, to be determined in accordance with the regulations. (3) In making the regulations the Secretary of State must seek to secure that, so far as possible and taking one year with another, combined NUAR income matches combined NUAR expenses. (4) Except where the regulations specify the amounts of the fees— (a) the amounts of the fees must be specified by the Secretary of State in a statement, and (b) the Secretary of State must— (i) publish the statement, and (ii) lay it before Parliament. (5) Regulations under paragraph (1) may make provision about— (a) when a fee is to be paid; (b) the manner in which a fee is to be paid; (c) the payment of discounted fees; (d) exceptions to requirements to pay fees; (e) the refund of all or part of a fee which has been paid. (6) Before making regulations under paragraph (1), the Secretary of State must consult— (a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and (b) such other persons as the Secretary of State considers appropriate. (7) In this Article— - “combined NUAR expenses” means the sum of—expenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under a NUAR provision (including expenses not directly connected with the keeping of NUAR), andexpenses incurred by the Secretary of State in, or in connection with, exercising functions conferred by or under Part 3A of the New Roads and Street Works Act 1991 (including expenses not directly connected with the keeping of the register kept under section 106A(1) of that Act); - “combined NUAR income” means the sum of—income received by the Secretary of State from fees payable under regulations under paragraph (1), andincome received by the Secretary of State from fees payable under regulations under section 106E(1) of the New Roads and Street Works Act 1991. (45F) (1) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes— (a) assisting the Secretary of State in determining the provision that it is appropriate for regulations under Article 45E(1) or a statement under Article 45E(4) to make; (b) assisting the Secretary of State in determining whether it is appropriate to make changes to such provision. (2) The Secretary of State may by regulations make provision requiring undertakers having apparatus in a street to provide information to the Secretary of State for either or both of the following purposes— (a) ascertaining whether a fee is payable by a person under regulations under Article 45E(1); (b) working out the amount of a fee payable by a person. (3) Regulations under paragraph (1) or (2) may require an undertaker to notify the Secretary of State of any changes to information previously provided under the regulations. (4) Regulations under paragraph (1) or (2) may make provision about— (a) when information is to be provided (which may be at prescribed intervals); (b) the form and manner in which information is to be provided; (c) exceptions to requirements to provide information. (45G) Schedule 2ZA makes provision about the imposition of penalties in connection with requirements imposed by regulations under Articles 45E(1) and 45F(1) and (2). (45H) (1) The Secretary of State may make arrangements for a prescribed person to exercise a relevant function of the Secretary of State. (2) More than one person may be prescribed. (3) Arrangements under this Article may— (a) provide for the Secretary of State to make payments to the person, and (b) make provision as to the circumstances in which such payments are to be repaid to the Secretary of State. (4) In the case of the exercise of a function by a person authorised by arrangements under this Article to exercise that function, a reference in a NUAR provision or in regulations under a NUAR provision to the Secretary of State in connection with that function is to be read as a reference to that person. (5) Arrangements under this Article do not prevent the Secretary of State from exercising a function to which the arrangements relate. (6) Except as otherwise prescribed and subject to Article 45I, the disclosure of information between the Secretary of State and a person in connection with the person’s entering into arrangements under this Article or exercise of functions to which such arrangements relate does not breach— (a) an obligation of confidence owed by the person making the disclosure, or (b) any other restriction on the disclosure of information (however imposed). (7) In this Article “relevant function” means a function of the Secretary of State conferred by or under a NUAR provision (including the function of charging or recovering fees under regulations under Article 45E) other than— (a) a power to make regulations, or (b) a function under Article 45E(4) (specifying of fees etc). (8) If a person exercises the function of charging or recovering fees by virtue of arrangements under this Article, the person must pay the fees to the Secretary of State, except to the extent that the Secretary of State directs otherwise. (45I) (1) A duty or power to process information that is imposed or conferred by or under a NUAR provision does not operate to require or authorise the processing of personal data that would contravene the data protection legislation (but in determining whether processing of personal data would do so, that duty or power is to be taken into account). (2) In this Article— - “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act); - “personal data” has the same meaning as in that Act (see section 3(2) of that Act); - “processing” has the same meaning as in that Act (see section 3(4) of that Act).

• (4) In Article 59 (regulations)—

• (a) before paragraph (1) insert—

(A1) Before making regulations under this Order the Secretary of State must obtain the consent of the Department for Infrastructure. (A2) Regulations under Article 39 or 40 or under a NUAR provision may make supplementary or incidental provision.

;

• (b) in paragraph (1), after “Order” insert “, other than regulations made by the Secretary of State,”;

• (c) before paragraph (2) insert—

(1B) For the purposes of the Statutory Instruments Act 1946 a power of the Secretary of State to make regulations under this Order is exercisable by statutory instrument, and that Act applies in relation to a document by which such a power is exercised as if this Order were an Act of Parliament passed after the commencement of that Act. (1C) Regulations made by the Secretary of State under Articles 39, 40, 45A, 45B and 45F are subject to the negative Westminster procedure. (1D) Subject to paragraphs (1E) and (1F), regulations made by the Secretary of State under Articles 45C, 45E and 45H and paragraph 1 of Schedule 2ZA are subject to the affirmative Westminster procedure. (1E) Regulations under Article 45E(1) that only make provision of a kind mentioned in Article 45E(2) are subject to the negative Westminster procedure. (1F) But the first regulations under Article 45E(1) that make provision of a kind mentioned in Article 45E(2) are subject to the affirmative Westminster procedure. (1G) Where regulations under this Order are subject to “the affirmative Westminster procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before and approved by a resolution of each House of Parliament. (1H) Where regulations under this Order are subject to “the negative Westminster procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament. (1I) Any provision that may be made in regulations under this Order subject to the negative Westminster procedure may be made in regulations subject to the affirmative Westminster procedure.

• (5) Article 59(A2) of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (inserted by subsection (4)(a)) is revoked on the coming into operation of Article 59(1A) of that Order (as inserted by Article 28(3) of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1))).

• (6) Schedule 2 to this Act inserts Schedule 2ZA into the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (monetary penalties).

Information in relation to apparatus: Northern Ireland

59

• (1) The Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) is amended in accordance with subsections (2) to (5).

• (2) For the italic heading before Article 39 (records of location of apparatus) substitute “Duties in relation to recording and sharing of information about apparatus”.

• (3) In Article 39—

• (a) for the heading substitute “Information in relation to apparatus”;

• (b) in paragraph (1), for sub-paragraph (c) substitute—

(c) being informed of its location under Article 40(2)(a),

;

• (c) after paragraph (1A) (as inserted by Article 22(2) of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1))) insert—

(1B) An undertaker must, except in such cases as may be prescribed, record in relation to every item of apparatus belonging to the undertaker such other information as may be prescribed as soon as reasonably practicable after— (a) placing the item in the street or altering its position, (b) inspecting, maintaining, adjusting, repairing, altering or renewing the item, (c) locating the item in the street in the course of executing any other works, or (d) receiving any such information in relation to the item under Article 40(2)(a).

;

• (d) omit paragraph (3);

• (e) in paragraph (3A) (as inserted by Article 22(4) of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)))—

• (i) for “to (3)” substitute “and (2A)”;

• (ii) for “paragraph (1)” substitute “this Article”;

• (f) after paragraph (3A) insert—

(3B) Except in such cases as may be prescribed, where an undertaker records information as required by paragraph (1) or (1B), or updates such information, the undertaker must, within a prescribed period, enter the recorded or updated information into NUAR. (3C) Information must be entered into NUAR under paragraph (3B) in such form and manner as may be prescribed.

;

• (g) after paragraph (5) insert—

(6) In this Article “prescribed” means— (a) in paragraphs (1) to (2), prescribed by regulations made by the Secretary of State or the Department for Infrastructure; (b) otherwise, prescribed by regulations made by the Secretary of State. (7) For the meaning of “NUAR”, see Article 45A.

• (4) For Article 40 (duty to inform undertakers of location of apparatus) substitute—

(40) (1) Paragraph (2) applies where a relevant person executing works of any description in a street finds an item of apparatus which does not belong to the person in relation to which prescribed information— (a) is not entered in NUAR, or (b) is entered in NUAR but is incorrect. (2) Except in such cases as may be prescribed, the person must— (a) take such steps as are reasonably practicable to inform the undertaker to whom the item belongs of the missing or incorrect information, and (b) if (having taken such steps) the person is unable to inform the undertaker to whom the item belongs of the missing or incorrect information, enter into NUAR, in such form and manner as may be prescribed, prescribed information in relation to the item. (3) A person who fails to comply with paragraph (2) commits an offence. (4) A person who commits an offence under paragraph (3) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. (5) Before making regulations under this Article the Secretary of State must consult— (a) such representatives of persons likely to be affected by the regulations as the Secretary of State considers appropriate, and (b) such other persons as the Secretary of State considers appropriate. (6) For the purposes of this Article a person executing works in a street is a “relevant person” if the person has, pursuant to regulations under Article 45C, access to NUAR in relation to the street in question. (7) For the meaning of “NUAR”, see Article 45A.

• (5) Before Article 41 (duty to maintain apparatus) insert—

.

• (6) As a consequence of the provision made by subsection (4), omit Article 23 of the Street Works (Amendment) (Northern Ireland) Order 2007 (S.I. 2007/287 (N.I. 1)).

• (7) A power of the Secretary of State to make regulations under paragraph (1) or (2) of Article 39 of the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) (by virtue of subsection (3)(g)) includes power to amend or revoke any provision of the Street Works (Records) Regulations (Northern Ireland) 2004 (S.R. (N.I.) 2004 No. 276) made under the paragraph concerned.

Pre-commencement consultation

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• (1) A requirement to consult under a provision inserted into the New Roads and Street Works Act 1991 by section 56 or 57 may be satisfied by consultation undertaken before the day on which this Act is passed.

• (2) A requirement to consult under a provision inserted into the Street Works (Northern Ireland) Order 1995 (S.I. 1995/3210 (N.I. 19)) by section 58 or 59 may be satisfied by consultation undertaken before the day on which this Act is passed.

Part 4 — Registers of births and deaths

Form in which registers of births and deaths are to be kept

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• (1) The Births and Deaths Registration Act 1953 is amended as follows.

• (2) For section 25 (provision of registers, etc, by Registrar General) substitute—

(25) (1) Registers of live-births, still-births and deaths must be kept in such form as the Registrar General may reasonably require. (2) The Registrar General may, in particular, require any such register to be kept in a form that secures that any information entered in the register by a registrar— (a) in the case of a register of live-births or of deaths, is available to the superintendent registrar and to the Registrar General immediately after the entry has been made, and (b) in the case of a register of still-births, is available to the Registrar General immediately after the entry has been made. (3) In a case where a register is kept in such form as is mentioned in subsection (2), any information in the register which is available to the superintendent registrar or Registrar General is to be regarded as held by that person (as well as by the registrar) in connection with that person’s functions. (4) The Registrar General— (a) may provide anything which the Registrar General considers appropriate for the registers mentioned in subsection (1) to be kept in the form required under that subsection, and (b) must maintain anything provided under paragraph (a). (5) The Registrar General must also provide the forms required for the purposes of this Act for making certified copies of entries in registers.

• (3) Omit the following provisions—

• (a) section 26 (quarterly returns to be made by registrar to superintendent registrar);

• (b) section 27 (quarterly returns by superintendent registrar to Registrar General);

• (c) section 28 (custody of registers, etc).

Provision of equipment and facilities by local authorities

62

In the Registration Service Act 1953, after section 11 insert—

(11A) (1) At each register office provided for the superintendent registrar of a district, the council which employs the superintendent registrar shall, subject to the provisions of the local scheme, provide and maintain such equipment or facilities as the Registrar General reasonably considers to be necessary for the performance of the superintendent registrar’s functions. (2) At each office and each station for a sub-district of a registrar, the council which employs the registrar shall, subject to the provisions of the local scheme, provide and maintain such equipment or facilities as the Registrar General reasonably considers to be necessary for the performance of the registrar’s functions.

Requirements to sign register

63

• (1) The Births and Deaths Registration Act 1953 is amended as follows.

• (2) After section 38A insert—

(38B) (1) Where any register of births or register of deaths is required to be kept under this Act otherwise than in hard copy form, the Minister may by regulations provide that— (a) a person’s duty under this Act to sign the register at any time is to have effect as a duty to comply with specified requirements at that time, and (b) a person who complies with those requirements is to be treated for the purposes of this Act as having signed the register at that time and, in the case of a duty to sign the register in the presence of the registrar, to have done so in the presence of the registrar, and accordingly, in such a case, the entry in the register is to be taken for the purposes of this Act to have been signed by the person. (2) The provision that may be made by regulations under this section includes, among other things— (a) provision requiring a person to sign something other than the register; (b) provision requiring a person to provide specified evidence of identity in such form and manner as may be specified. (3) In this section “specified” means specified in regulations under this section.

• (3) In section 39A (regulations made by the Minister: further provisions), after subsection (5) insert—

(6) A statutory instrument that contains (whether alone or with other provision) regulations made by the Minister under section 38B may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

Treatment of existing registers and records

64

• (1) The repeal of section 28 of the Births and Deaths Registration Act 1953 by section 61 above does not affect—

• (a) the requirement under section 28(2) of that Act for every superintendent registrar (“S”) to keep with the records of S’s office any registers of live-births or of deaths which are in S’s custody immediately before the coming into force of that repeal, or

• (b) the requirement under section 28(4) of that Act for the Registrar General to keep in the General Register Office—

• (i) any certified copies or information sent or provided under section 27 of that Act (quarterly returns by superintendent registrar to Registrar General), or

• (ii) any registers of still-births that were forwarded to the Registrar General before the coming into force of that repeal.

• (2) Any register of live-births or of deaths which, immediately before the coming into force of this section, is in the custody of a registrar and is unfilled is, as soon as is reasonably practicable after the coming into force of this section, to be delivered to the superintendent registrar (“S”) to be kept by S with the records of S’s office.

• (3) Any register of still-births which, immediately before the coming into force of this section, is in the custody of a registrar and is unfilled is, as soon as is reasonably practicable after the coming into force of this section, to be forwarded to the Registrar General to be kept in the General Register Office in such order and manner as the Registrar General thinks fit.

• (4) The Registrar General may dispose of—

• (a) any certified copies held by the Registrar General of entries in any register of still-births forwarded to the Registrar General under section 28(3) of the Births and Deaths Registration Act 1953 or subsection (3) above, or

• (b) any information contained in those entries which is held by the Registrar General in electronic form by virtue of section 27 of that Act.

• (5) Where, at any time during the period mentioned in subsection (6), a copy has been kept otherwise than in hard copy form of any register of births or register of deaths kept for a sub-district under the Births and Deaths Registration Act 1953—

• (a) that copy is to be treated, on and after the day on which section 61 of this Act comes into force, as the register kept for the sub-district for the purposes of that Act,

• (b) on and after that day, the register is to be treated for the purposes of section 25(3) of that Act as having been kept in the form in which the copy was kept,

• (c) where before that day a person signed any entry in the register, the entry is to continue, on and after that day, to be regarded for the purposes of that Act as having been signed by the person, and

• (d) the Registrar General may dispose of—

• (i) any certified copies held by the Registrar General of entries in the register, or

• (ii) any information contained in those entries which is held by the Registrar General in electronic form by virtue of section 27 of that Act.

• (6) The period referred to in subsection (5) is the period—

• (a) beginning with 1 July 2009, and

• (b) ending immediately before the day on which section 61 comes into force.

• (7) Expressions used in this section and in the Births and Deaths Registration Act 1953 have the same meaning in this section as in that Act.

Minor and consequential amendments

65

Schedule 3 contains minor and consequential amendments.

Part 5 — Data protection and privacy

Chapter 1 — Data protection

Terms used in this Chapter

The 2018 Act and the UK GDPR

66

In this Chapter—

• “the 2018 Act” means the Data Protection Act 2018;

• “the UK GDPR” means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data.

Definitions in the UK GDPR and the 2018 Act

Meaning of research and statistical purposes

67

• (1) In Article 4 of the UK GDPR (definitions)—

• (a) the existing text becomes paragraph 1, and

• (b) after that paragraph insert—

(2) References in this Regulation to the processing of personal data for the purposes of scientific research (including references to processing for “scientific research purposes”) are references to processing for the purposes of any research that can reasonably be described as scientific, whether publicly or privately funded and whether carried out as a commercial or non-commercial activity. (3) Such references— (a) include processing for the purposes of technological development or demonstration, fundamental research or applied research, so far as those activities can reasonably be described as scientific, but (b) only include processing for the purposes of a study in the area of public health that can reasonably be described as scientific where the study is conducted in the public interest. (4) References in this Regulation to the processing of personal data for the purposes of historical research (including references to processing for “historical research purposes”) include processing for the purposes of genealogical research. (5) References in this Regulation to the processing of personal data for statistical purposes are references to processing for statistical surveys or for the production of statistical results where— (a) the information that results from the processing is aggregate data that is not personal data, and (b) the controller does not use the personal data processed, or the information that results from the processing, in support of measures or decisions with respect to a particular data subject to whom the personal data relates.

• (2) In consequence of the amendment made by subsection (1)(a), in section 6 of the 2018 Act (meaning of “controller”), for “4(7)” substitute “4(1)(7)”.

Consent to processing for the purposes of scientific research

68

• (1) Article 4 of the UK GDPR (definitions) is amended as follows.

• (2) In point (11) of paragraph 1 (definition of “consent”), at the end insert “(and see paragraphs 6 and 7 of this Article)”.

• (3) After paragraph 5 (inserted by section 67 of this Act) insert—

(6) A data subject’s consent is to be treated as falling within the definition of “consent” in point (11) of paragraph 1 if— (a) it does not fall within that definition because (and only because) the consent is given to the processing of personal data for the purposes of an area of scientific research, (b) at the time the consent is sought, it is not possible to identify fully the purposes for which personal data is to be processed, (c) seeking consent in relation to the area of scientific research is consistent with generally recognised ethical standards relevant to the area of research, and (d) so far as the intended purposes of the processing allow, the data subject is given the opportunity to consent only to processing for part of the research. (7) References in this Regulation to consent given for a specific purpose (however expressed) include consent described in paragraph 6.

Consent to law enforcement processing

69

• (1) The 2018 Act is amended as follows.

• (2) In section 33 (definitions), after subsection (1) insert—

(1A) “Consent” of the data subject to the processing of personal data means a freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of the personal data (and see section 40A).

• (3) In section 34(2) (overview of Chapter 2 of Part 3), after paragraph (a) (but before the “and” at the end of that paragraph) insert—

(aa) section 40A makes provision about processing carried out in reliance on the consent of the data subject,

.

• (4) After section 40 insert—

(40A) (1) This section is about processing of personal data that is carried out in reliance on the consent of the data subject. (2) The controller must be able to demonstrate that the data subject consented to the processing. (3) If the data subject’s consent is given in writing as part of a document which also concerns other matters, the request for consent must be made— (a) in a manner which clearly distinguishes the request from the other matters, (b) in an intelligible and easily accessible form, and (c) in clear and plain language. (4) Any part of a document described in subsection (3) which constitutes an infringement of this Part is not binding. (5) The data subject may withdraw the consent at any time (but the withdrawal of consent does not affect the lawfulness of processing in reliance on the consent before its withdrawal). (6) Processing may only be carried out in reliance on consent if— (a) before the consent is given, the controller or processor informs the data subject of the right to withdraw it, and (b) it is as easy for the data subject to withdraw the consent as to give it. (7) When assessing whether consent is freely given, account must be taken of, among other things, whether the provision of a service is conditional on consent to the processing of personal data that is not necessary for the provision of that service.

• (5) In section 206 (index of defined expressions), in the Table, in the entry for “consent”—

• (a) after “consent” insert “(to processing of personal data)”,

• (b) for “Part” substitute “Parts 3 and”, and

• (c) for “section” substitute “sections 33, 40A and”.

Data protection principles

Lawfulness of processing

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• (1) The UK GDPR is amended in accordance with subsections (2) to (5).

• (2) In Article 6(1) (lawful processing)—

• (a) in point (e)—

• (i) after “task” insert “of the controller”, and

• (ii) after “or” insert “a task carried out”,

• (b) after that point insert—

(ea) processing is necessary for the purposes of a recognised legitimate interest;

, and

• (c) in the words after point (f), for “Point (f)” substitute “Points (ea) and (f)”.

• (3) In Article 6(3) (basis for processing etc), in the last subparagraph, in the first sentence—

• (a) after “task” insert “of the controller”, and

• (b) after “interest or” insert “a task carried out”.

• (4) In Article 6, at the end insert—

(5) For the purposes of paragraph 1(ea), processing is necessary for the purposes of a recognised legitimate interest only if it meets a condition in Annex 1. (6) The Secretary of State may by regulations amend Annex 1 by— (a) adding or varying provisions, or (b) omitting provisions added by regulations made under this paragraph. (7) The Secretary of State may only make regulations under paragraph 6 where— (a) the requirement in paragraph 8 is satisfied, and (b) if the regulations add a case to Annex 1, the requirement in paragraph 9 is also satisfied. (8) The requirement in this paragraph is that the Secretary of State considers it appropriate to make the regulations having regard to, among other things— (a) the interests and fundamental rights and freedoms of data subjects which require protection of personal data, and (b) where relevant, the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing. (9) The requirement in this paragraph is that the Secretary of State considers that processing in the case to be added to Annex 1 is necessary to safeguard an objective listed in Article 23(1)(c) to (j). (10) Regulations under paragraph 6 are subject to the affirmative resolution procedure. (11) For the purposes of paragraph 1(f), examples of types of processing that may be processing that is necessary for the purposes of a legitimate interest include— (a) processing that is necessary for the purposes of direct marketing, (b) intra-group transmission of personal data (whether relating to clients, employees or other individuals) where that is necessary for internal administrative purposes, and (c) processing that is necessary for the purposes of ensuring the security of network and information systems. (12) In paragraph 11— - “intra-group transmission” means transmission between members of a group of undertakings or between members of a group of institutions affiliated to a central body; - “security of network and information systems” has the same meaning as in the Network and Information Systems Regulations 2018 (S.I. 2018/506) (see regulation 1(3)(g)).

• (5) In Article 21(1) (right to object), after “point (e)” insert “, (ea)”.

• (6) Schedule 4 to this Act inserts Annex 1 to the UK GDPR.

• (7) In section 8 of the 2018 Act (lawfulness of processing: public interest etc), omit “the controller’s”.

• (8) In the provisions listed in subsection (9)—

• (a) for “gateway” substitute “gateways”, and

• (b) for “were omitted” substitute “disapplied only the gateway in point (ea) (recognised legitimate interests)”.

• (9) The provisions are—

• (a) section 40(8) of the Freedom of Information Act 2000 (personal data which is exempt information);

• (b) section 38(5A) of the Freedom of Information (Scotland) Act 2002 (asp 13) (personal data which is exempt information);

• (c) regulation 13(6) of the Environmental Information Regulations 2004 (S.I. 2004/3391) (restriction on disclosure of personal data);

• (d) regulation 11(7) of the Environmental Information (Scotland) Regulations 2004 (S.S.I. 2004/520) (restriction on disclosure of personal data);

• (e) regulation 45(1E) of the Civil Contingencies Act 2004 (Contingency Planning) Regulations 2005 (S.I. 2005/2042) (personal data which is sensitive information);

• (f) regulation 39(1E) of the Civil Contingencies Act 2004 (Contingency Planning) (Scotland) Regulations 2005 (S.S.I. 2005/494) (personal data which is sensitive information);

• (g) regulation 9(9) of the INSPIRE Regulations 2009 (S.I. 2009/3157) (limitation of public access to personal data included in a spatial data set);

• (h) regulation 10(8) of the INSPIRE (Scotland) Regulations 2009 (S.S.I. 2009/440) (limitation of public access to personal data included in a spatial data set).

The purpose limitation

71

• (1) The UK GDPR is amended in accordance with subsections (2) to (5).

• (2) In Article 5(1)(b) (purpose limitation)—

• (a) after “collected” insert “(whether from the data subject or otherwise)”,

• (b) after “further processed” insert “by or on behalf of a controller”, and

• (c) for the words from “those purposes;” to “initial purposes” substitute “the purposes for which the controller collected the data”.

• (3) In Article 5, at the end insert—

(3) For the avoidance of doubt, processing is not lawful by virtue only of being processing in a manner that is compatible with the purposes for which the personal data was collected.

• (4) In Article 6 (lawfulness of processing), omit paragraph 4.

• (5) After Article 8 insert—

(Article 8A) (1) This Article is about the determination, for the purposes of Article 5(1)(b) (purpose limitation), of whether processing of personal data by or on behalf of a controller for a purpose (a “new purpose”) other than the purpose for which the controller collected the data (“the original purpose”) is processing in a manner compatible with the original purpose. (2) In making the determination, a person must take into account, among other things— (a) any link between the original purpose and the new purpose; (b) the context in which the personal data was collected, including the relationship between the data subject and the controller; (c) the nature of the processing, including whether it is processing described in Article 9(1) (processing of special categories of personal data) or Article 10(1) (processing of personal data relating to criminal convictions etc); (d) the possible consequences of the intended processing for data subjects; (e) the existence of appropriate safeguards (for example, encryption or pseudonymisation). (3) Processing of personal data for a new purpose is to be treated as processing in a manner compatible with the original purpose where— (a) the data subject consents to the processing of personal data for the new purpose and the new purpose is specified, explicit and legitimate, (b) the processing is carried out in accordance with Article 84B— (i) for the purposes of scientific research or historical research, (ii) for the purposes of archiving in the public interest, or (iii) for statistical purposes, (c) the processing is carried out for the purposes of ensuring that processing of personal data complies with Article 5(1) or demonstrating that it does so, (d) the processing meets a condition in Annex 2, or (e) the processing is necessary to safeguard an objective listed in Article 23(1)(c) to (j) and is authorised by an enactment or rule of law. (4) Where the controller collected the personal data based on Article 6(1)(a) (data subject’s consent), processing for a new purpose is only processing in a manner compatible with the original purpose if— (a) it falls within paragraph 3(a) or (c), or (b) it falls within paragraph 3(d) or (e) and the controller cannot reasonably be expected to obtain the data subject’s consent. (5) The Secretary of State may by regulations amend Annex 2 by— (a) adding or varying provisions, or (b) omitting provisions added by regulations made under this paragraph. (6) The Secretary of State may only make regulations under paragraph 5 adding a case to Annex 2 where the Secretary of State considers that processing in that case is necessary to safeguard an objective listed in Article 23(1)(c) to (j). (7) Regulations under paragraph 5 may make provision identifying processing by any means, including by reference to the controller, the data subject, the personal data or the provision of Article 6(1) relied on for the purposes of the processing. (8) Regulations under paragraph 5 are subject to the affirmative resolution procedure.

• (6) Schedule 5 to this Act inserts Annex 2 to the UK GDPR.

• (7) The 2018 Act is amended in accordance with subsections (8) to (10).

• (8) In section 36(1) (the second data protection principle)—

• (a) in paragraph (a), for “on any occasion” substitute “(whether from the data subject or otherwise)”, and

• (b) in paragraph (b)—

• (i) after “processed” insert “by or on behalf of a controller”, and

• (ii) for “it was collected” substitute “the controller collected it”.

• (9) In section 87(1) (the second data protection principle)—

• (a) in paragraph (a), for “on any occasion” substitute “(whether from the data subject or otherwise)”, and

• (b) in paragraph (b)—

• (i) after “processed” insert “by or on behalf of a controller”, and

• (ii) for “it was collected” substitute “the controller collected it”.

• (10) In paragraph 1 of Schedule 2 (exemptions etc from the UK GDPR: provisions to be adapted or restricted), omit sub-paragraph (b)(ii).

Processing in reliance on relevant international law

72

• (1) The UK GDPR is amended in accordance with subsections (2) to (5).

• (2) In Article 6(3) (lawfulness of processing: basis in domestic law)—

• (a) in the first subparagraph, omit “and (e)”,

• (b) after that subparagraph insert—

The basis for the processing referred to in point (e) of paragraph 1 must be laid down by domestic law or relevant international law (see section 9A of the 2018 Act).

, and

• (c) in the last subparagraph, in the last sentence, after “domestic law” insert “or relevant international law”.

• (3) In Article 8A(3)(e) (purpose limitation: further processing necessary to safeguard an objective listed in Article 23(1)) (inserted by section 71 of this Act), at the end insert “or by relevant international law (see section 9A of the 2018 Act)”.

• (4) In Article 9 (processing of special categories of personal data)—

• (a) in paragraph 2(g) (substantial public interest), after “domestic law” insert “, or relevant international law,”, and

• (b) in paragraph 5, before point (a) insert—

(za) section 9A makes provision about when the requirement in paragraph 2(g) of this Article for a basis in relevant international law is met;

.

• (5) In Article 10 (processing of personal data relating to criminal convictions and offences)—

• (a) in paragraph 1, after “domestic law” insert “, or relevant international law,”, and

• (b) in paragraph 2, before point (a) insert—

(za) section 9A makes provision about when the requirement in paragraph 1 of this Article for authorisation by relevant international law is met;

.

• (6) The 2018 Act is amended in accordance with subsections (7) and (8).

• (7) Before section 10 (and the italic heading before that section) insert—

(9A) (1) Processing of personal data meets the requirement in Article 6(3), 8A(3)(e), 9(2)(g) or 10(1) of the UK GDPR for a basis in, or authorisation by, relevant international law only if it meets a condition in Schedule A1. (2) A condition in Schedule A1 may be relied on for the purposes of any of those provisions, unless that Schedule provides otherwise. (3) The Secretary of State may by regulations amend Schedule A1 by adding, varying or omitting— (a) conditions, (b) provision about the purposes for which a condition may be relied on, and (c) safeguards in connection with processing carried out in reliance on a condition in the Schedule. (4) Regulations under this section may only add a condition relating entirely or partly to a treaty ratified by the United Kingdom. (5) Regulations under this section are subject to the affirmative resolution procedure. (6) In this section, “treaty” and “ratified” have the same meaning as in Part 2 of the Constitutional Reform and Governance Act 2010 (see section 25 of that Act).

• (8) Before Schedule 1 insert—

Schedule A1 This condition is met where the processing is necessary for the purposes of responding to a request made in accordance with the Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the United States of America on Access to Electronic Data for the Purpose of Countering Serious Crime, signed on 3 October 2019.

Processing of special categories of personal data

Elected representatives responding to requests

73

In paragraph 23 of Schedule 1 to the 2018 Act (processing of special categories of personal data: elected representatives responding to requests), in sub-paragraph (4), for “fourth day after” substitute “period of 30 days beginning with the day after”.

Processing of special categories of personal data

74

• (1) In Chapter 2 of the UK GDPR, after Article 11 insert—

(Article 11A) (1) The Secretary of State may by regulations— (a) make provision so that an additional description of processing of personal data is subject to the prohibition in Article 9(1), (b) make provision so that added processing is not subject to that prohibition, (c) make provision so that an exception in Article 9(2) may or may not be relied on in connection with added processing, and (d) make provision varying such an exception as it applies in connection with added processing. (2) In paragraph 1, “added processing” means a description of processing which is subject to the prohibition in Article 9(1) by virtue of provision made under paragraph 1(a). (3) Regulations made under this Article (in reliance on Article 91A(4)(b)) may amend section 5, 205 or 206 of the 2018 Act (interpretation). (4) Regulations under this Article are subject to the affirmative resolution procedure.

• (2) The 2018 Act is amended in accordance with subsections (3) to (9).

• (3) In section 33 (definitions of expressions used in Part 3), after subsection (6) insert—

(6A) “Sensitive processing” has the meaning given in section 35(8).

• (4) In section 35 (the first data protection principle)—

• (a) in subsection (6)(b) (power to omit conditions added to Schedule 8 by regulations), after “by”, in the first place it occurs, insert “varying or”, and

• (b) in subsection (8) (definition of “sensitive processing”), for “section” substitute “Part”.

• (5) After section 42 insert—

(42A) (1) The Secretary of State may by regulations— (a) make provision so that an additional description of processing of personal data is sensitive processing for the purposes of this Part, (b) make provision so that added processing is not sensitive processing for the purposes of this Part, (c) make provision so that a protected condition in Schedule 8 may or may not be relied on in connection with added processing, and (d) make provision varying such a condition as it relates to added processing. (2) In subsection (1)— - “added processing” means a description of processing which is sensitive processing by virtue of provision made under subsection (1)(a); - “protected condition in Schedule 8” means a condition in that Schedule other than one that was added to the Schedule by regulations under section 35(6). (3) Regulations under this section may amend this Part and sections 205 and 206. (4) Regulations under this section are subject to the affirmative resolution procedure.

• (6) In section 84 (definitions of expressions used in Part 4), after subsection (6) insert—

(6A) “Sensitive processing” has the meaning given in section 86(7).

• (7) In section 86 (the first data protection principle)—

• (a) in subsection (3)(b) (power to omit conditions added to Schedule 10 by regulations), after “by”, in the first place it occurs, insert “varying or”, and

• (b) in subsection (7) (definition of “sensitive processing”), for “section” substitute “Part”.

• (8) After section 91 insert—

(91A) (1) The Secretary of State may by regulations— (a) make provision so that an additional description of processing of personal data is sensitive processing for the purposes of this Part, (b) make provision so that added processing is not sensitive processing for the purposes of this Part, (c) make provision so that a protected condition in Schedule 10 may or may not be relied on in connection with added processing, and (d) make provision varying such a condition as it relates to added processing. (2) In subsection (1)— - “added processing” means a description of processing which is sensitive processing by virtue of provision made under subsection (1)(a); - “protected condition in Schedule 10” means a condition in that Schedule other than one that was added to the Schedule by regulations under section 86(3). (3) Regulations under this section may amend this Part and sections 205 and 206. (4) Regulations under this section are subject to the affirmative resolution procedure.

• (9) In section 206 (index of defined expressions), in the Table, at the appropriate place insert—

“sensitive processing (in Parts 3 and 4)	sections 35 and 86”.

• (10) The Investigatory Powers Act 2016 is amended in accordance with subsections (11) to (13).

• (11) In section 202(4) (restrictions on use of class BPD warrants: definitions), omit the definition of “sensitive personal data” and insert—

• “sensitive personal data” means personal data whose retention, or (as appropriate) retention and examination, would be sensitive processing;
• “sensitive processing” means—processing of personal data relating to a living individual that is processing of a kind described in section 86(7)(a) to (e) of the Data Protection Act 2018, orprocessing of personal data relating to a deceased individual that would be that kind of processing if the personal data related to a living individual.

• (12) After that section insert—

(202A) (1) The Secretary of State may by regulations— (a) make provision so that a description of Part 4 sensitive processing, or of processing that would be such processing if the information processed related to a living individual, is sensitive processing for the purposes of section 202, and (b) make provision so that added processing is not sensitive processing for the purposes of that section. (2) In this section— - “added processing” means a description of processing that is sensitive processing for the purposes of section 202 by virtue of provision made under subsection (1)(a); - “Part 4 sensitive processing” means processing of personal data that, at the time the regulations are made, is sensitive processing for the purposes of Part 4 of the Data Protection Act 2018 by virtue of regulations made under section 91A of that Act. (3) Regulations under this section may amend section 202.

• (13) In section 267(3) (regulations subject to the affirmative procedure), after paragraph (e) insert—

(ea) section 202A,

.

Data subject’s rights

Fees and reasons for responses to data subjects’ requests about law enforcement processing

75

• (1) The 2018 Act is amended as follows.

• (2) In section 53 (manifestly unfounded or excessive requests by the data subject under Part 3)—

• (a) after subsection (4) insert—

(4A) The Secretary of State may by regulations— (a) require controllers of a description specified in the regulations to produce and publish guidance about the fees that they charge in accordance with subsection (1)(a), and (b) specify what the guidance must include.

,

• (b) in subsection (5), for “subsection (4)” substitute “this section”, and

• (c) after subsection (5) insert—

(6) If, in reliance on subsection (1)(b), the controller does not take action on the request, the controller must inform the data subject of— (a) the reasons for not doing so, and (b) the data subject’s right to lodge a complaint with the Commissioner. (7) The controller must comply with subsection (6)— (a) without undue delay, and (b) in any event, before the end of the applicable time period (as to which see section 54).

• (3) In section 54(1) (meaning of “applicable time period”), for “and 48(2)(b)” substitute “, 48(2)(b) and 53(7)”.

Time limits for responding to data subjects’ requests

76

• (1) The UK GDPR is amended in accordance with subsections (2) and (3).

• (2) In Article 12 (transparent information, communication and modalities for the exercise of rights of the data subject)—

• (a) in paragraph 3—

• (i) for “within one month of receipt of the request” substitute “before the end of the applicable time period (see Article 12A)”, and

• (ii) omit the second and third sentences,

• (b) in paragraph 4, for “without delay and at the latest within one month of receipt of the request” substitute “without undue delay, and in any event before the end of the applicable time period (see Article 12A),”, and

• (c) in paragraph 6—

• (i) after “may” insert

— (a)

, and

• (ii) at the end insert

, and (b) delay dealing with the request until the identity is confirmed.

• (3) After Article 12 insert—

(Article 12A) (1) In Article 12, “the applicable time period” means the period of one month beginning with the relevant time, subject to paragraph 3. (2) “The relevant time” means the latest of the following— (a) when the controller receives the request in question; (b) when the controller receives the information (if any) requested in connection with a request under Article 12(6); (c) when the fee (if any) charged in connection with the request under Article 12(5) is paid. (3) The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of— (a) the complexity of requests made by the data subject, or (b) the number of such requests. (4) A notice under paragraph 3 must— (a) be given before the end of the period of one month beginning with the relevant time, and (b) state the reasons for the delay. (5) Where the controller reasonably requires further information in order to identify the information or processing activities to which a request under Article 15 relates— (a) the controller may ask the data subject to provide the further information, and (b) the period beginning with the day on which the controller makes the request and ending with the day on which the controller receives the information does not count towards— (i) the applicable time period, or (ii) the period described in paragraph 4(a). (6) An example of a case in which a controller may reasonably require further information is where the controller processes a large amount of information concerning the data subject.

• (4) The 2018 Act is amended in accordance with subsections (5) to (7).

• (5) In section 45(5) (right of access by the data subject), after “delay” insert “and in any event before the end of the applicable time period (as to which see section 54)”.

• (6) In section 54 (meaning of “applicable time period” for responding to data subjects’ requests)—

• (a) in subsection (1), after “45(3)(b)” insert “and (5)”,

• (b) in subsection (2)—

• (i) for “1 month, or such longer period as may be specified in regulations,” substitute “one month”, and

• (ii) at the end insert “, subject to subsection (3A)”,

• (c) after subsection (3) insert—

(3A) The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of— (a) the complexity of requests made by the data subject, or (b) the number of such requests. (3B) A notice under subsection (3A) must— (a) be given before the end of the period of one month beginning with the relevant time, and (b) state the reasons for the delay. (3C) Where the controller reasonably requires further information in order to identify the information or processing activities to which a request under section 45(1) relates— (a) the controller may ask the data subject to provide the further information, and (b) the period beginning with the day on which the controller makes the request and ending with the day on which the controller receives the information does not count towards— (i) the applicable time period, or (ii) the period described in subsection (3B)(a). (3D) An example of a case in which a controller may reasonably require further information is where the controller processes a large amount of information concerning the data subject.

, and

• (d) omit subsections (4) to (6).

• (7) In section 94 (right of access under Part 4)—

• (a) in subsection (14), for the definition of “the applicable time period” substitute—

• “the applicable time period” means the period of one month beginning with the relevant time, subject to subsection (14A);

, and

• (b) after subsection (14) insert—

(14A) The controller may, by giving notice to the data subject, extend the applicable time period by two further months where that is necessary by reason of— (a) the complexity of requests made by the data subject, or (b) the number of such requests. (14B) A notice under subsection (14A) must— (a) be given before the end of the period of one month beginning with the relevant time, and (b) state the reasons for the delay.

Information to be provided to data subjects

77

• (1) In Article 13 of the UK GDPR (information to be provided where personal data is collected from the data subject)—

• (a) in paragraph 4, for “shall not apply where and insofar as” substitute “do not apply to the extent that”, and

• (b) at the end insert—

(5) Paragraph 3 does not apply to the extent that— (a) the controller intends to further process the personal data— (i) for (and only for) the purposes of scientific or historical research, the purposes of archiving in the public interest or statistical purposes, and (ii) in accordance with Article 84B, and (b) providing the information is impossible or would involve a disproportionate effort. (6) For the purposes of paragraph 5(b), whether providing the information would involve a disproportionate effort depends on, among other things, the number of data subjects, the age of the personal data and any appropriate safeguards applied to the processing. (7) A controller relying on paragraph 5 must take appropriate measures to protect the data subject’s rights, freedoms and legitimate interests, including by making the information available publicly.

• (2) In Article 14 of the UK GDPR (information to be provided where personal data is not obtained from the data subject)—

• (a) in paragraph 5—

• (i) for “shall not apply where and insofar as” substitute “do not apply to the extent that”,

• (ii) omit point (b),

• (iii) omit the “or” at the end of point (c),

• (iv) in point (d), omit “where”, and

• (v) after that point insert—

(e) providing the information is impossible or would involve a disproportionate effort, or (f) the obligation referred to in paragraph 1 is likely to render impossible or seriously impair the achievement of the objectives of the processing for which the personal data are intended.

, and

• (b) at the end insert—

(6) For the purposes of paragraph 5(e), whether providing the information would involve a disproportionate effort depends on, among other things, the number of data subjects, the age of the personal data and any appropriate safeguards applied to the processing. (7) A controller relying on paragraph 5(e) or (f) must take appropriate measures to protect the data subject’s rights, freedoms and legitimate interests, including by making the information available publicly.

Searches in response to data subjects’ requests

78

• (1) In Article 15 of the UK GDPR (right of access by the data subject)—

• (a) after paragraph 1 insert—

(1A) Under paragraph 1, the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that paragraph.

, and

• (b) in paragraph 3, after “processing” insert “to which the data subject is entitled under paragraph 1”.

• (2) The 2018 Act is amended in accordance with subsections (3) and (4).

• (3) In section 45 (law enforcement processing: right of access by the data subject), after subsection (2) insert—

(2A) Under subsection (1), the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that subsection.

• (4) In section 94 (intelligence services processing: right of access by the data subject), after subsection (2) insert—

(2A) Under subsection (1), the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that subsection.

• (5) The amendments made by this section are to be treated as having come into force on 1 January 2024.

Data subjects’ rights to information: legal professional privilege exemption

79

• (1) The 2018 Act is amended as follows.

• (2) In section 43 (overview and scope of Chapter 3 of Part 3: rights of the data subject in connection with law enforcement processing)—

• (a) in subsection (1)(a), for “section 44” substitute “sections 44 and 45A”, and

• (b) in subsection (1)(b), for “section 45” substitute “sections 45 and 45A”.

• (3) For the italic heading before section 44 substitute—

.

• (4) In the heading of section 44, omit “Information:”.

• (5) Omit the italic heading before section 45.

• (6) After that section insert—

(45A) (1) Sections 44(2) and 45(1) do not require the controller to give the data subject— (a) information in respect of which a claim to legal professional privilege or, in Scotland, confidentiality of communications could be maintained in legal proceedings, or (b) information in respect of which a duty of confidentiality is owed by a professional legal adviser to a client of the adviser. (2) A controller relying on the exemption in subsection (1) must inform the data subject in writing without undue delay of— (a) the decision to rely on the exemption, (b) the reason for the decision, (c) the data subject’s right to make a request to the Commissioner under section 51, (d) the data subject’s right to lodge a complaint with the Commissioner under section 165, and (e) the data subject’s right to apply to a court under section 167. (3) Subsection (2)(a) and (b) do not apply to the extent that complying with them would— (a) undermine a claim described in subsection (1)(a), or (b) conflict with a duty described in subsection (1)(b). (4) The controller must— (a) record the reason for a decision to rely on the exemption in subsection (1), and (b) if requested to do so by the Commissioner, make the record available to the Commissioner. (5) The reference in subsection (1) to sections 44(2) and 45(1) includes sections 35 to 40 so far as their provisions correspond to the rights and obligations provided for in sections 44(2) and 45(1).

• (7) In section 51 (exercise of rights through the Commissioner)—

• (a) in subsection (1), after paragraph (b) (but before the “or” at the end of that paragraph) insert—

(ba) relies on the exemption from sections 44(2) and 45(1) in section 45A (legal professional privilege),

,

• (b) in subsection (2), after paragraph (a) insert—

(aa) where subsection (1)(ba) applies, request the Commissioner to check that the controller was entitled to rely on the exemption;

,

• (c) in subsection (4), after paragraph (a) insert—

(aa) where subsection (1)(ba) applies, whether the Commissioner is satisfied that the controller was entitled to rely on the exemption;

, and

• (d) in subsection (6), after “(a)” insert “, (aa)”.

Automated decision-making

Automated decision-making

80

• (1) For Article 22 of the UK GDPR (automated individual decision-making, including profiling) substitute—