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Supplementary definitions. |
70. - (1) In this Act, unless the context otherwise requires- |
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"business" includes any trade or profession; |
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"the Commissioner" means the Data Protection Commissioner; |
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"credit reference agency" has the same meaning as in the Consumer Credit Act 1974; |
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"the Data Protection Directive" means Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data; |
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"EEA State" means a State which is a contracting party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993; |
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"enactment" includes an enactment passed after this Act; |
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"government department" includes a Northern Ireland department and any body or authority exercising statutory functions on behalf of the Crown; |
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"Minister of the Crown" has the same meaning as in the Ministers of the Crown Act 1975; |
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"public register" means any register which pursuant to a requirement imposed- |
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(a) by or under any enactment, or
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(b) in pursuance of any international agreement,
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is open to public inspection or open to inspection by any person having a legitimate interest; |
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"recipient", in relation to any personal data, means any person to whom the data are disclosed, including any person (such as an employee or agent of the data controller, a data processor or an employee or agent of a data processor) to whom they are disclosed in the course of processing the data for the data controller, but does not include any person to whom disclosure is or may be made as a result of, or with a view to, a particular inquiry by or on behalf of that person made in the exercise of any power conferred by law; |
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"registered company" means a company registered under the enactments relating to companies for the time being in force in the United Kingdom; |
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"third party", in relation to personal data, means any person other than- |
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(b) the data controller, or
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(c) any data processor or other person authorised to process data for the data controller or processor;
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"the Tribunal" means the Data Protection Tribunal. |
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(2) For the purposes of this Act data are inaccurate if they are incorrect or misleading as to any matter of fact. |
Index of defined expressions. |
71. The following Table shows provisions defining or otherwise explaining expressions used in this Act (other than provisions defining or explaining an expression only used in the same section or Schedule)- |
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accessible record | section 68 |
address (in Part III) | section 16(3) |
business | section 70(1) |
the Commissioner | section 70(1) |
credit reference agency | section 70(1) |
data | section 1(1) |
data controller | sections 1(1) and (4) and 63(3) |
data processor | section 1(1) |
the Data Protection Directive | section 70(1) |
data protection principles | section 4 and Schedule 1 |
data subject | section 1(1) |
disclosing (of personal data) | section 1(2)(b) |
EEA State | section 70(1) |
enforcement notice | section 40(1) |
fees regulations (in Part III) | section 16(2) |
government department | section 70(1) |
health professional | section 69 |
inaccurate (in relation to data) | section 70(2) |
information notice | section 43(1) |
Minister of the Crown | section 70(1) |
the non-disclosure provisions (in Part IV) | section 27(3) |
notification regulations (in Part III) | section 16(2) |
obtaining (of personal data) | section 1(2)(a) |
personal data | section 1(1) |
prescribed (in Part III) | section 16(2) |
processing (of information or data) | section 1(1) and paragraph 5 of Schedule 8 |
public register | section 70(1) |
publish (in relation to journalistic, literary or artistic material) | section 32(6) |
recipient (in relation to personal data) | section 70(1) |
recording (of personal data) | section 1(2)(a) |
registered company | section 70(1) |
registrable particulars (in Part III) | section 16(1) |
relevant filing system | section 1(1) |
sensitive personal data | section 2 |
special information notice | section 44(1) |
the special purposes | section 3 |
the subject information provisions (in Part IV) | section 27(2) |
third party (in relation to processing of personal data) | section 70(1) |
transfer (of personal data) | section 1(5) and (6) |
the Tribunal | section 70(1) |
using (of personal data) | section 1(2)(b). |
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Modifications of Act. |
72. During the period beginning with the commencement of this section and ending with 23rd October 2007, the provisions of this Act shall have effect subject to the modifications set out in Schedule 12. |
Transitional provisions and savings. |
73. Schedule 13 (which contains transitional provisions and savings) has effect. |
Minor and consequential amendments and repeals and revocations. |
74. - (1) Schedule 14 (which contains minor and consequential amendments) has effect. |
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(2) The enactments and instruments specified in Schedule 15 are repealed or revoked to the extent specified. |
Short title, commencement and extent. |
75. - (1) This Act may be cited as the Data Protection Act 1998. |
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(2) The following provisions of this Act- |
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(b) section 25(1) and (4), |
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(f) so much of any other provision of this Act as confers any power to make subordinate legislation, |
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shall come into force on the day on which this Act is passed. |
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(3) The remaining provisions of this Act shall come into force on such day as the Secretary of State may by order appoint; and different days may be appointed for different purposes. |
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(4) The day appointed under subsection (3) for the coming into force of section 56 must not be earlier than the first day on which sections 112, 113 and 115 of the Police Act 1997 (which provide for the issue by the Secretary of State of criminal conviction certificates, criminal record certificates and enhanced criminal record certificates) are all in force. |
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(5) Subject to subsection (6), this Act extends to Northern Ireland. |
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(6) Any amendment, repeal or revocation made by Schedule 14 or 15 has the same extent as that of the enactment or instrument to which it relates. |