The Data Protection Act 1998 (Commencement No. 4) Order 2015

Made: 11th February 2015

The Secretary of State makes the following Order in exercise of the power conferred 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. 4) Order 2015.

Commencement of section 56 of the Data Protection Act 1998

2

The day appointed for the coming into force of section 56 (prohibition of requirement as to production of certain records) of the Data Protection Act 1998[^f00002], so far as it is not already in force, is 10th March 2015.

Signed

Simon Hughes — Minister of State — Ministry of Justice — 11th February 2015

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

Article 2 of this Order brings into force on 10th March 2015 section 56 of the Data Protection Act 1998 (“the Act”), so far as that provision is not already in force. Section 56 introduces an offence which prohibits a person, A from requiring another person, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the Act. The prohibition applies in certain circumstances specified in section 56, for example where B is seeking employment with A, and only applies to particular information obtained from specified data controllers, such as information relating to a record of convictions obtained from a chief officer of police of a police force in England and Wales.

A full impact assessment will be published on 12th May 2015.

Footnotes

[^f00001]: 1998 c. 29. Section 75(3) was amended by 2003/1887. Section 75(4) provides that the day appointed for the coming into force of section 56 must not be earlier than the first day on which sections 112, 113A and 113B of the Police Act 1997 (c. 50) are all in force. Section 112 was commenced by S.S.I. 2002/124, 2008/692 and 2014/237. Section 113A was commenced by S.S.I. 2006/166, 2006/378, 2008/692 and 2008/697. Section 113B was commenced by S.S.I. 2006/166, 2006/378, 2006/2182, 2007/3064, 2008/306, 2008/692 and 2015/188.

[^f00002]: Section 56 was amended by the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 191; the Police (Northern Ireland) Act 2000 (c. 32), section 78(2)(a); the Freedom of Information Act 2000 (c. 36), section 68(4); the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 4, paragraph 112; the Safeguarding Vulnerable Groups Act 2006 (c. 47), Schedule 9, paragraph 15; the Policing and Crime Act 2009 (c. 1), section 81(2) and (3)(i); and the Crime and Courts Act 2013 (c. 22), Schedule 8, paragraph 187. Section 56 was also amended by 2003/1887, 2007/1351, 2011/565, 2011/2425, 2012/3006, 2013/602 and 2013/630, and by S.R.(NI) 2011 No. 357.

Editorial notes

[^key-1b9ee3d1bc527b329d48be95ba7022c6]: Art. 1 in force at made date

[^key-3318d494311fe4e8c364d779e5bc3619]: Art. 2 in force at made date