Data Protection Bill [H.L.] - continued        House of Commons

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SCHEDULE 12
 
  TRANSITIONAL PROVISIONS AND SAVINGS
 
Interpretation
     1. In this Schedule-
 
 
    "the 1984 Act" means the Data Protection Act 1984;
 
    "the old principles" means the data protection principles within the meaning of the 1984 Act;
 
    "the new principles" means the data protection principles within the meaning of this Act.
 
Effect of registration under Part II of 1984 Act
     2. - (1) Subject to sub-paragraphs (4) and (5) any person who, immediately before the commencement of Part III of this Act-
 
 
    (a) is registered as a data user under Part II of the 1984 Act, or
 
    (b) is treated by virtue of section 7(6) of the 1984 Act as so registered,
  is exempt from section 16(1) of this Act until the end of the registration period or, if earlier, 24th October 2001.
 
      (2) In sub-paragraph (1) "the registration period" means the period at the end of which, if section 8 of the 1984 Act had remained in force, the registration would have expired unless renewed.
 
      (3) Any application for registration as a data user under Part II of the 1984 Act which is received by the Commissioner before the commencement of Part III of this Act (including any appeal against a refusal of registration) shall be determined in accordance with the old principles and the provisions of the 1984 Act.
 
      (4) If a person falling within paragraph (b) of sub-paragraph (1) receives a notification under section 7(1) of the 1984 Act of the refusal of his application, sub-paragraph (1) shall cease to apply to him-
 
 
    (a) if no appeal is brought, at the end of the period within which an appeal can be brought against the refusal, or
 
    (b) on the withdrawal or dismissal of the appeal.
      (5) If a data controller gives a notification under section 17(1) at a time when he is exempt from section 16(1) by virtue of sub-paragraph (1), he shall cease to be so exempt.
 
      (6) The Commissioner shall include in the register maintained under section 18 an entry in respect of each person who is exempt from section 16(1) by virtue of sub-paragraph (1); and each entry shall consist of the particulars which, immediately before the commencement of Part III of this Act, were included (or treated as included) in respect of that person in the register maintained under section 4 of the 1984 Act.
 
      (7) Notification regulations under Part III of this Act may make provision modifying the duty referred to in section 19(1) in its application to any person in respect of whom an entry in the register maintained under section 16 has been made under sub-paragraph (6).
 
      (8) If a person is exempt from section 16(1) by virtue of sub-paragraph (1), he is also exempt from section 21(5), except in relation to processing in respect of which he is obliged, under notification regulations made by virtue of section 19(1) or sub-paragraph (7), to give a notification to the Commissioner.
 
      (9) Notification regulations under Part III of this Act may make further transitional provision in connection with the substitution of Part III of this Act for Part II of the 1984 Act (registration), including provision modifying the application of provisions of Part III in transitional cases.
 
 
Rights of data subjects
     3. - (1) The repeal of section 21 of the 1984 Act (right of access to personal data) does not affect the application of that section in any case in which the request (together with the information referred to in paragraph (a) of subsection (4) of that section and, in a case where it is required, the consent referred to in paragraph (b) of that subsection) was received before the day on which the repeal comes into force.
 
      (2) Sub-paragraph (1) does not apply where the request is made by reference to this Act.
 
      (3) Any fee paid for the purposes of section 21 of the 1984 Act before the commencement of section 7 in a case not falling within sub-paragraph (1) shall be taken to have been paid for the purposes of section 7.
 
     4. The repeal of section 22 of the 1984 Act (compensation for inaccuracy) and the repeal of section 23 of that Act (compensation for loss or unauthorised disclosure) do not affect the application of those sections in relation to damage or distress suffered at any time by reason of anything done or omitted to be done before the commencement of the repeals.
 
     5. The repeal of section 24 of the 1984 Act (rectification and erasure) does not affect any case in which the application to the court was made before the day on which the repeal comes into force.
 
     6. Subsection (3)(b) of section 12 does not apply where the rectification, blocking, erasure or destruction occurred before the commencement of that section.
 
 
Enforcement and transfer prohibition notices served under Part V of 1984 Act
     7. - (1) If, immediately before the commencement of section 39-
 
 
    (a) an enforcement notice under section 10 of the 1984 Act has effect, and
 
    (b) either the time for appealing against the notice has expired or any appeal has been determined,
  then, after that commencement, to the extent mentioned in sub-paragraph (3), the notice shall have effect for the purposes of sections 40 and 46 as if it were an enforcement notice under section 39.
 
      (2) Where an enforcement notice has been served under section 10 of the 1984 Act before the commencement of section 39 and immediately before that commencement either-
 
 
    (a) the time for appealing against the notice has not expired, or
 
    (b) an appeal has not been determined,
  the appeal shall be determined in accordance with the provisions of the 1984 Act and the old principles and, unless the notice is quashed on appeal, to the extent mentioned in sub-paragraph (3) the notice shall have effect for the purposes of sections 40 and 46 as if it were an enforcement notice under section 39.
 
      (3) An enforcement notice under section 10 of the 1984 Act has the effect described in sub-paragraph (1) and (2) only to the extent that the steps specified in the notice for complying with the old principle or principles in question are steps which the data controller could be required by an enforcement notice under section 39 to take for complying with the new principles or any of them.
 
     8. - (1) If, immediately before the commencement of section 39-
 
 
    (a) a transfer prohibition notice under section 12 of the 1984 Act has effect, and
 
    (b) either the time for appealing against the notice has expired or any appeal has been determined,
  then, on and after that commencement, to the extent specified in sub-paragraph (3), the notice shall have effect for the purposes of sections 40 and 46 as if it were an enforcement notice under section 39.
 
      (2) Where a transfer prohibition notice has been served under section 12 of the 1984 Act and immediately before the commencement of section 39 either-
 
 
    (a) the time for appealing against the notice has not expired, or
 
    (b) an appeal has not been determined,
  the appeal shall be determined in accordance with the provisions of the 1984 Act and the old principles and, unless the notice is quashed on appeal, to the extent mentioned in sub-paragraph (3) the notice shall have effect for the purposes of sections 40 and 46 as if it were an enforcement notice under section 39.
 
      (3) A transfer prohibition notice under section 12 of the 1984 Act has the effect described in sub-paragraph (1) or (2) only to the extent that the prohibition imposed by the notice is one which could be imposed by an enforcement notice under section 39 for complying with the new principles or any of them.
 
 
Notices under new law relating to matters in relation to which 1984 Act had effect
     9. The Commissioner may serve an enforcement notice under section 39 on or after the day on which that section comes into force if he is satisfied that, before that day, the data controller contravened the old principles by reason of any act or omission which would also have constituted a contravention of the new principles if they had applied before that day.
 
     10. The Commissioner may serve an information notice under section 42 on or after the day on which that section comes into force if he has reasonable grounds for suspecting that, before that day, the data controller contravened the old principles by reason of any act or omission which would also have constituted a contravention of the new principles if they had applied before that day.
 
 
Warrants issued under 1984 Act
     11. The repeal of Schedule 4 to the 1984 Act does not affect the application of that Schedule in any case where a warrant was issued under that Schedule before the commencement of the repeal.
 
 
Complaints under section 36(2) of 1984 Act and requests for assessment under section 41
     12. The repeal of section 36(2) of the 1984 Act does not affect the application of that provision in any case where the complaint was received by the Commissioner before the commencement of the repeal.
 
     13. In dealing with a complaint under section 36(2) of the 1984 Act or a request for an assessment under section 41 of this Act, the Commissioner shall have regard to the provisions from time to time applicable to the processing, and accordingly-
 
 
    (a) in section 36(2) of the 1984 Act, the reference to the old principles and the provisions of that Act includes, in relation to any time when the new principles and the provisions of this Act have effect, those principles and provisions, and
 
    (b) in section 41 of this Act, the reference to the provisions of this Act includes, in relation to any time when the old principles and the provisions of the 1984 Act had effect, those principles and provisions.
 
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