The Data Protection Act 1998 (Commencement No. 2) Order 2008

Made: 19th June 2008

The Secretary of State makes the following Order in exercise of the powers conferred upon him by section 75(3) of the Data Protection Act 1998[^f00001]:

Citation

1

This Order may be cited as the Data Protection Act 1998 (Commencement No. 2) Order 2008.

Provision commenced on 7th July 2008

2

7th July 2008 is the day appointed for the coming into force of section 56 of the Data Protection Act 1998 (prohibition of requirement as to production of certain records)[^f00002] insofar as it relates to the entries in the table in subsection (6) of that section which relate to—

• (a) the functions of the Secretary of State under the Safeguarding Vulnerable Groups Act 2006[^f00003] or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007[^f00004];

• (b) the functions of the Independent Barring Board[^f00005] under the Safeguarding Vulnerable Groups Act 2006 or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007.

Signed

Signed by authority of the Secretary of State

Michael Wills — Minister of State — Ministry of Justice — 19th June 2008

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This is the second Commencement Order made under the Data Protection Act 1998.

Article 2 of this Order provides for the partial commencement of section 56 of the Data Protection Act [1998 (c. 29)](https://www.legislation.gov.uk/ukpga/1998/29) (“DPA”) on the 7th of July 2008. Section 56 prohibits a person, A, from requiring an individual, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the DPA. The prohibition applies in circumstances specified in section 56, for example where B is seeking employment with A. However, Article 2 commences section 56 only in relation to information held by the Secretary of State or by the Independent Barring Board pursuant to their respective functions under the Safeguarding Vulnerable Groups Act [2006 (c. 47)](https://www.legislation.gov.uk/ukpga/2006/47) or the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 ([S.I. 2007/1351 (N.I. 11)](https://www.legislation.gov.uk/nisi/2007/1351) (the Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act).

Footnotes

[^f00001]: 1998 c. 29; section 75 was amended by paragraph 9(1)(a) of Schedule 2 to the Secretary of State for Constitutional Affairs Order 2003 (S.I. 2003/1887), paragraph 15(1) and (3) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006 (c. 47), and paragraph 4(2)(a) and (b) of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).

[^f00002]: Section 56 was amended by paragraph 191 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), section 78(2)(a) of the Police (Northern Ireland) Act 2000 (c. 32), section 68(4) of the Freedom of Information Act 2000 (c. 36), paragraph 9(1)(a) of Schedule 2 to S.I. 2003/1887, paragraph 112 of Schedule 4 to the Serious Organised Crime and Police Act 2005 (c. 15), paragraph 15(1) and (2) of Schedule 9 to the Safeguarding Vulnerable Groups Act 2006, and paragraph 4(1) of Schedule 7 to the Safeguarding Vulnerable Groups (Northern Ireland) Order 2007 (S.I. 2007/1351 (N.I. 11)).

[^f00003]: 2006 c. 47.

[^f00004]: S.I. 2007/1351 (N.I. 11).

[^f00005]: The Independent Barring Board is established under section 1 of the Safeguarding Vulnerable Groups Act 2006.

Editorial notes

[^key-15774d47266bc58f72634823b6c1bbef]: Art. 1 in force at made date

[^key-8b98249bf9fddef8643a1a733f31a817]: Art. 2 in force at made date