Data Protection Act 2018

183 Power to reflect changes to the Data Protection Convention U.K.

(1) The Secretary of State may by regulations make such provision as the Secretary of State considers necessary or appropriate in connection with an amendment of, or an instrument replacing, the Data Protection Convention which has effect, or is expected to have effect, in the United Kingdom.

(2) The power under subsection (1) includes power—

(a) to amend or replace the definition of “the Data Protection Convention” in section 3;

(b) to amend Chapter 3 of Part 2 of this Act;

(c) to amend Part 4 of this Act;

(d) to make provision about the functions of the Commissioner, courts or tribunals in connection with [F1 relevant processing of personal data], including provision amending Parts 5 to 7 of this Act;

(e) to make provision about the functions of the Commissioner in connection with the Data Protection Convention or an instrument replacing that Convention, including provision amending Parts 5 to 7 of this Act;

(f) to consequentially amend this Act.

[F2 (2A) In subsection (2)(d), “relevant processing of personal data” means—

(a) processing of personal data described in Article 2(1)(a) or (b) or (1A) of the UK GDPR, and

(b) processing of personal data to which Part 4 of this Act applies.]

(3) Regulations under this section are subject to the affirmative resolution procedure.

(4) Regulations under this section may not be made after the end of the period of 3 years beginning with the day on which this Act is passed.

Textual Amendments

F1 Words in s. 183(2)(d) 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. 2 para. 78(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F2 S. 183(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. 2 para. 78(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement Information

I1 S. 183 in force at Royal Assent for specified purposes, see s. 212(2)(f)