Data Protection Bill [H.L.]

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

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	PART IV
	EXEMPTIONS
Preliminary.	26. - (1) References in any of the data protection principles or any provision of Parts II and III to personal data or to the processing of personal data do not include references to data or processing which by virtue of this Part are exempt from that principle or other provision.
	(2) In this Part "the subject information provisions" means-
	(a) the first data protection principle to the extent to which it requires compliance with paragraph 2 of Part II of Schedule 1, and
	(b) section 7.
	(3) In this Part "the non-disclosure provisions" means the data protection principles, except the seventh data protection principle, to the extent to which they are inconsistent with the disclosure in question.
	(4) Except as provided by this Part, the subject information provisions shall have effect notwithstanding any enactment or rule of law prohibiting or restricting the disclosure, or authorising the withholding, of information.
National security.	27. - (1) Personal data are exempt from any of the provisions of-
	(a) the data protection principles,
	(b) Parts II, III and V, and
	(c) section 54,
	if the exemption from that provision is required for the purpose of safeguarding national security.
	(2) Subject to subsection (4), a certificate signed by a Minister of the Crown certifying that exemption from all or any of the provisions mentioned in subsection (1) is or at any time was required for the purpose there mentioned in respect of any personal data shall be conclusive evidence of that fact.
	(3) A certificate under subsection (2) may identify the personal data to which it applies by means of a general description and may be expressed to have prospective effect.
	(4) Any person directly affected by the issuing of a certificate under subsection (2) may appeal to the Tribunal against the certificate.
	(5) If on an appeal under subsection (4), the Tribunal finds that, applying the principles applied by the court on an application for judicial review, the Minister did not have reasonable grounds for issuing the certificate, the Tribunal may allow the appeal and quash the certificate.
	(6) Where in any proceedings under or by virtue of this Act it is claimed by a data controller that a certificate under subsection (2) which identifies the personal data to which it applies by means of a general description applies to any personal data, any other party to the proceedings may appeal to the Tribunal on the ground that the certificate does not apply to the personal data in question and, subject to any determination under subsection (7), the certificate shall be conclusively presumed so to apply.
	(7) On any appeal under subsection (6), the Tribunal may determine that the certificate does not so apply.
	(8) A document purporting to be a certificate under subsection (2) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
	(9) A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under subsection (2) shall in any legal proceedings be evidence or, in Scotland, sufficient evidence of that certificate.
	(10) The power conferred by subsection (2) on a Minister of the Crown shall not be exercisable except by a Minister who is a member of the Cabinet or by the Attorney General or the Lord Advocate.
	(11) No power conferred by any provision of Part V may be exercised in relation to personal data which by virtue of this section are exempt from that provision.
	(12) Schedule 6 shall have effect in relation to appeals under subsection (4) or (6) and the proceedings of the Tribunal in respect of any such appeal.
Crime and taxation.	28. - (1) Personal data processed for any of the following purposes-
	(a) the prevention or detection of crime,
	(b) the apprehension or prosecution of offenders, or
	(c) the assessment or collection of any tax or duty or of any imposition of a similar nature,
	are exempt from the first data protection principle (except to the extent to which it requires compliance with the conditions in Schedules 2 and 3) and section 7 in any case to the extent to which the application of those provisions to the data would be likely to prejudice any of the matters mentioned in this subsection.
	(2) Personal data which-
	(a) are processed for the purpose of discharging statutory functions, and
	(b) consist of information obtained for such a purpose from a person who had it in his possession for any of the purposes mentioned in subsection (1),
	are exempt from the subject information provisions to the same extent as personal data processed for any of the purposes mentioned in that subsection.
	(3) Personal data are exempt from the non-disclosure provisions in any case in which-
	(a) the disclosure is for any of the purposes mentioned in subsection (1), and
	(b) the application of those provisions in relation to the disclosure would be likely to prejudice any of the matters mentioned in that subsection.
Health and social work.	29. - (1) The Secretary of State may by order exempt from the subject information provisions, or modify those provisions in relation to, personal data consisting of information as to the physical or mental health or condition of the data subject.
	(2) The Secretary of State may by order exempt from the subject information provisions, or modify those provisions in relation to, personal data of such other descriptions as may be specified in the order, being information-
	(a) processed by government departments or local authorities or by voluntary organisations or other bodies designated by or under the order, and
	(b) appearing to him to be processed in the course of, or for the purposes of, carrying out social work in relation to the data subject or other individuals;
	but the Secretary of State shall not under this subsection confer any exemption or make any modification except so far as he considers that the application to the data of those provisions (or of those provisions without modification) would be likely to prejudice the carrying out of social work.
	(3) An order under this section may make different provision in relation to data consisting of information of different descriptions.

Prepared 26 March 1998