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Regulation (EU) 2016/679 of the European Parliament and of the CouncilShow full title
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation)(Text with EEA relevance)
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- Revised 04/05/20160.59 MB
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Changes over time for: CHAPTER IX
Changes to legislation:
Regulation (EU) 2016/679 of the European Parliament and of the Council, CHAPTER IX is up to date with all changes known to be in force on or before 01 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Chapter IX:
- Art. 17(1)(g) inserted by 2024 c. 21 s. 31(2)
- Art. 17(4)(5) inserted by 2024 c. 21 s. 31(3)
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 17(1)(g) inserted by 2024 c. 21 s. 31(2)
- Art. 17(4)(5) inserted by 2024 c. 21 s. 31(3)
CHAPTER IXU.K.Provisions relating to specific processing situations
Article 85U.K.Processing and freedom of expression and information
F11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2.For processing carried out for journalistic purposes or the purpose of academic artistic or literary expression, [F2the Secretary of State may] provide for exemptions or derogations from Chapter II (principles), Chapter III (rights of the data subject), Chapter IV (controller and processor), Chapter V (transfer of personal data to third countries or international organisations), Chapter VI ([F3the Commissioner]) F4... and Chapter IX (specific data processing situations) if they are necessary to reconcile F5... the protection of personal data with the freedom of expression and information.
[F62A.The Secretary of State may exercise the power under paragraph 2 of this Article only by making regulations under section 16 of the 2018 Act.]
F73.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Art. 85(1) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(2) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 85(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(3)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 85(2) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(3)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 85(2) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(3)(c) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 85(2) omitted (31.12.2023 immediately before the end of 2023) by virtue of The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 (S.I. 2023/1417), regs. 1(2), 2(7)
F6Art. 85(2A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F7Art. 85(3) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 64(5) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
Article 86U.K.Processing and public access to official documents
[F81.] Personal data in official documents held by a public authority or a public body or a private body for the performance of a task carried out in the public interest may be disclosed by the authority or body in accordance with [F9domestic law] to which the public authority or body is subject in order to reconcile public access to official documents with F10... the protection of personal data pursuant to this Regulation.
[F112.Chapter 3 of Part 2 of the 2018 Act makes provision about the application of this Regulation to the manual unstructured processing of personal data held by an FOI public authority (as defined in Article 2).]
Textual Amendments
F8Art. 86 renumbered as Art. 86(1) (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 65(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 86(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 65(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 86(1) omitted (31.12.2023 immediately before the end of 2023) by virtue of The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 (S.I. 2023/1417), regs. 1(2), 2(8)
F11Art. 86(2) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 65(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
[F12Article 86AU.K.Processing and national security and defence
Chapter 3 of Part 2 of the 2018 Act makes provision about the application of this Regulation where processing is carried out, or exemption from a provision of this Regulation is required, for the purposes of safeguarding national security or for defence purposes.]
Textual Amendments
F12Art. 86A inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 66 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F13Article 87U.K.Processing of the national identification number
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Art. 87 omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 67 (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F14Article 88U.K.Processing in the context of employment
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F14Art. 88 omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 68 (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
Article 89U.K.Safeguards and derogations relating to processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes
1.Processing for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes, shall be subject to appropriate safeguards, in accordance with this Regulation, for the rights and freedoms of the data subject. Those safeguards shall ensure that technical and organisational measures are in place in particular in order to ensure respect for the principle of data minimisation. Those measures may include pseudonymisation provided that those purposes can be fulfilled in that manner. Where those purposes can be fulfilled by further processing which does not permit or no longer permits the identification of data subjects, those purposes shall be fulfilled in that manner.
[F151A.In the 2018 Act, section 19 makes provision about when the requirements in paragraph 1 are satisfied.]
F162.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F163.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F164.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Art. 89(1A) inserted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 69(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F16Art. 89(2)(3)(4) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 69(3) (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F17Article 90U.K.Obligations of secrecy
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Art. 90 omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 70 (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
F18Article 91U.K.Existing data protection rules of churches and religious associations
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F18Art. 91 omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 1 para. 71 (with reg. 5, Sch. 1 para. 80); 2020 c. 1, Sch. 5 para. 1(1)
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