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Sep 21, 2016 · The new legislation, contained in sections 203 to 205 of the Housing and Planning Act of 2016, came into effect on 13 July. It provides local authorities and regeneration bodies with powers to override private third party rights in land they own or formerly owned to unlock the redevelopment potential of that land.
- Anne Bowden
- Chapter 1U.K.Scope and Definitions
- Chapter 2U.K.Principles
- Chapter 3U.K.Rights of The Data Subject
- Chapter 4U.K.Controller and Processor
- Chapter 5U.K.Transfers of Personal Data to Third Countries Etc
- Chapter 6U.K.Supplementary
ScopeU.K.
(1)This Part applies to— (a)the processing by a competent authority of personal data wholly or partly by automated means, and (b)the processing by a competent authority otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system. (2)Any reference in this Part to the processing of personal data is to processing to which this Part applies. (3)For the meaning of “competent authority”, see section 30.
DefinitionsU.K.
(1)In this Part, “competent authority” means— (a)a person specified or described in Schedule 7, and (b)any other person if and to the extent that the person has statutory functions for any of the law enforcement purposes. (2)But an intelligence service is not a competent authority within the meaning of this Part. (3)The Secretary of State may by regulations amend Schedule 7— (a)so as to add or remove a person or description of person; (b)so as to reflect any change in the name of a person spe...
34Overview and general duty of controllerU.K.
(1)This Chapter sets out the six data protection principles as follows— (a)section 35(1) sets out the first data protection principle (requirement that processing be lawful and fair); (b)section 36(1) sets out the second data protection principle (requirement that purposes of processing be specified, explicit and legitimate); (c)section 37 sets out the third data protection principle (requirement that personal data be adequate, relevant and not excessive); (d)section 38(1) sets out the fourth...
35The first data protection principleU.K.
(1)The first data protection principle is that the processing of personal data for any of the law enforcement purposes must be lawful and fair. (2)The processing of personal data for any of the law enforcement purposes is lawful only if and to the extent that it is based on law and either— (a)the data subject has given consent to the processing for that purpose, or (b)the processing is necessary for the performance of a task carried out for that purpose by a competent authority. (3)In additio...
36The second data protection principleU.K.
(1)The second data protection principle is that— (a)the law enforcement purpose for which personal data is collected on any occasion must be specified, explicit and legitimate, and (b)personal data so collected must not be processed in a manner that is incompatible with the purpose for which it was collected. (2)Paragraph (b) of the second data protection principle is subject to subsections (3) and (4). (3)Personal data collected for a law enforcement purpose may be processed for any other la...
Overview and scopeU.K.
(1)This Chapter— (a)imposes general duties on the controller to make information available (see section 44); (b)confers a right of access by the data subject (see section 45); (c)confers rights on the data subject with respect to the rectification of personal data and the erasure of personal data or the restriction of its processing (see sections 46 to 48); (d)regulates automated decision-making (see sections 49 and 50); (e)makes supplementary provision (see sections 51 to 54). (2)This Chapte...
Information: controller's general dutiesU.K.
(1)The controller must make available to data subjects the following information (whether by making the information generally available to the public or in any other way)— (a)the identity and the contact details of the controller; (b)where applicable, the contact details of the data protection officer (see sections 69 to 71); (c)the purposes for which the controller processes personal data; (d)the existence of the rights of data subjects to request from the controller— (i)access to personal d...
Data subject's right of accessU.K.
(1)A data subject is entitled to obtain from the controller— (a)confirmation as to whether or not personal data concerning him or her is being processed, and (b)where that is the case, access to the personal data and the information set out in subsection (2). (2)That information is— (a)the purposes of and legal basis for the processing; (b)the categories of personal data concerned; (c)the recipients or categories of recipients to whom the personal data has been disclosed (including recipients...
Overview and scopeU.K.
(1)This Chapter— (a)sets out the general obligations of controllers and processors (see sections 56 to 65); (b)sets out specific obligations of controllers and processors with respect to security (see section 66); (c)sets out specific obligations of controllers and processors with respect to personal data breaches (see sections 67 and 68); (d)makes provision for the designation, position and tasks of data protection officers (see sections 69 to 71). (2)This Chapter applies only in relation to...
General obligationsU.K.
(1)Each controller must implement appropriate technical and organisational measures to ensure, and to be able to demonstrate, that the processing of personal data complies with the requirements of this Part. (2)Where proportionate in relation to the processing, the measures implemented to comply with the duty under subsection (1) must include appropriate data protection policies. (3)The technical and organisational measures implemented under subsection (1) must be reviewed and updated where n...
Obligations relating to securityU.K.
(1)Each controller and each processor must implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks arising from the processing of personal data. (2)In the case of automated processing, each controller and each processor must, following an evaluation of the risks, implement measures designed to— (a)prevent unauthorised processing or unauthorised interference with the systems used in connection with it, (b)ensure that it is possible to...
Overview and interpretationU.K.
(1)This Chapter deals with the transfer of personal data to third countries or international organisations, as follows— (a)sections 73 to 76 set out the general conditions that apply; (b)section 77 sets out the special conditions that apply where the intended recipient of personal data is not a relevant authority in a third country or an international organisation; (c)section 78 makes special provision about subsequent transfers of personal data. (2)In this Chapter, “relevant authority”, in r...
General principles for transfersU.K.
(1)A controller may not transfer personal data to a third country or to an international organisation unless— (a)the three conditions set out in subsections (2) to (4) are met, and (b)in a case where the personal data was originally transmitted or otherwise made available to the controller or another competent authority by a member State F4..., that member State, or any person based in that member State which is a competent authority for the purposes of the Law Enforcement Directive, has auth...
Transfers to particular recipientsU.K.
(1)The additional conditions referred to in section 73(4)(b)(ii) are the following four conditions. (2)Condition 1 is that the transfer is strictly necessary in a specific case for the performance of a task of the transferring controller as provided by law for any of the law enforcement purposes. (3)Condition 2 is that the transferring controller has determined that there are no fundamental rights and freedoms of the data subject concerned that override the public interest necessitating the t...
79National security: certificateU.K.
(1)A Minister of the Crown may issue a certificate certifying, for the purposes of section 44(4), 45(4), 48(3) or 68(7), that a restriction is a necessary and proportionate measure to protect national security. (2)The certificate may— (a)relate to a specific restriction (described in the certificate) which a controller has imposed or is proposing to impose under section 44(4), 45(4), 48(3) or 68(7), or (b)identify any restriction to which it relates by means of a general description. (3)Subje...
80Special processing restrictionsU.K.
(1)Subsections (3) and (4) apply where, for a law enforcement purpose, a controller transmits or otherwise makes available personal data to [F15a non-UK recipient]. (2)In this section— 1. F16... 2. “[F17non-UK recipient]” means—(a)a recipient in a third country, or(b)an international organisation. (3)The controller must consider whether, if the personal data had instead been transmitted or otherwise made available within the United Kingdom to another competent authority, processing of the dat...
81Reporting of infringementsU.K.
(1)Each controller must implement effective mechanisms to encourage the reporting of an infringement of this Part. (2)The mechanisms implemented under subsection (1) must provide that an infringement may be reported to any of the following persons— (a)the controller; (b)the Commissioner. (3)The mechanisms implemented under subsection (1) must include— (a)raising awareness of the protections provided by Part 4A of the Employment Rights Act 1996 and Part 5A of the Employment Rights (Northern Ir...
Dec 9, 2010 · A local authority cannot delegate the exercise of its statutory functions without express provision. This means that a local authority is not able, without a specific power, to enter into contracts which require a third party and its employees to exercise functions. If it does so, such arrangements would be ultra vires and may be void.
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However, it may be necessary to redact any information about third party individuals, (eg information about the person whose records were accessed by the employee). Although you are not specifically processing this for a law enforcement purpose, you are doing so to comply with the logging requirement under section 62 of the DPA 2018.
A government department wants to share personal data obtained for its law enforcement purposes with other public bodies who are either not competent authorities or would not be processing under their competent authority status as part of a data sharing exercise to identify potential ‘at risk’ individuals and provide early intervention support.
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The prison authority’s records contain personal information about the victim, witnesses, and a number of other people, including family members of the prisoner. The prison authority needs to consider the rights of the third parties when responding to the prisoner’s SAR. In such circumstances, you could apply the restriction set out in ...
