The Data Protection Act 2018 (Transitional Provision) Regulations 2023

Made: 4th April 2023

Laid before Parliament: 6th April 2023

Coming into force: 5th May 2023

The Secretary of State makes these Regulations in exercise of the powers conferred by section 213(2) of the Data Protection Act 2018[^f00001].

Citation, commencement and extent

1

• (1) These Regulations may be cited as the Data Protection Act 2018 (Transitional Provision) Regulations 2023 and come into force on 5th May 2023.

• (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.

Amendment to the Data Protection Act 2018

2

• (1) Part 4 of Schedule 20 (transitional provision etc: law enforcement and intelligence services processing) to the Data Protection Act 2018 is amended as follows.

• (2) In paragraph 14 (logging), in sub-paragraph (2) for “2023” substitute “2026”.

Signed

Murray — Parliamentary Under Secretary of State — Home Office — 4th April 2023

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend paragraph 14 of Schedule 20 to the Data Protection Act 2018 (c. 12) (“the 2018 Act”).

Paragraph 14 of Schedule 20 provides a transitional exemption for an automated processing system set up before 6 May 2016 from complying with the requirements of section 62(1) to (3) of the 2018 Act, if doing so would involve disproportionate effort. These Regulations amend paragraph 14 to extend the availability of the exemption until 6th May 2026.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private or voluntary sector or community bodies is foreseen.

Footnotes

[^f00001]: 2018 c. 12. There are amendments to section 213 that are not relevant to these Regulations.