Data Protection Act 2018

205 General interpretation U.K.

(1) In this Act—

• “biometric data” means personal data resulting from specific technical processing relating to the physical, physiological or behavioural characteristics of an individual, which allows or confirms the unique identification of that individual, such as facial images or dactyloscopic data;

• “data concerning health” means personal data relating to the physical or mental health of an individual, including the provision of health care services, which reveals information about his or her health status;

• “enactment” includes—

  (a)

  an enactment passed or made after this Act,

  (b)

  an enactment comprised in subordinate legislation,

  (c)

  an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

  (d)

  an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, F1 ...

  (e)

  an enactment comprised in, or in an instrument made under, Northern Ireland legislation; [F2 and

  (f)

  any [F3 assimilated direct] legislation;]

• “genetic data” means personal data relating to the inherited or acquired genetic characteristics of an individual which gives unique information about the physiology or the health of that individual and which results, in particular, from an analysis of a biological sample from the individual in question;

• “government department” includes the following (except in the expression “United Kingdom government department”)—

  (a)

  a part of the Scottish Administration;

  (b)

  a Northern Ireland department;

  (c)

  the Welsh Government;

  (d)

  a body or authority exercising statutory functions on behalf of the Crown;

• “health record” means a record which—

  (a)

  consists of data concerning health, and

  (b)

  has been made by or on behalf of a health professional in connection with the diagnosis, care or treatment of the individual to whom the data relates;

• “inaccurate”, in relation to personal data, means incorrect or misleading as to any matter of fact;

• “international obligation of the United Kingdom” includes—

  (a)

  F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  (b)

  an obligation that arises under an international agreement or arrangement to which the United Kingdom is a party;

• “international organisation” means an organisation and its subordinate bodies governed by international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries;

• “Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975;

• “publish” means make available to the public or a section of the public (and related expressions are to be read accordingly);

• “subordinate legislation” has the meaning given in the Interpretation Act 1978;

• “tribunal” means any tribunal in which legal proceedings may be brought;

• “the Tribunal”, in relation to an application or appeal under this Act, means—

  (a)

  the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the application or appeal, or

  (b)

  the First-tier Tribunal, in any other case.

[F5 (1A) In this Act, references to fundamental rights or fundamental freedoms (however expressed) are to the Convention rights within the meaning of the Human Rights Act 1998.]

(2) References in this Act to a period expressed in hours, days, weeks, months or years are to be interpreted in accordance with Article 3 of Regulation (EEC, Euratom) No. 1182/71 of the Council of 3 June 1971 determining the rules applicable to periods, dates and time limits, except in—

[F6 (za) section 119A(10) and (11);]

(a) section 125(4), (7) and (8);

(b) section 161(3), (5) and (6);

(c) section 176(2);

(d) section 178(2);

(e) section 182(8) and (9);

(f) section 183(4);

(g) section 192(3), (5) and (6);

(h) section 197(3) and (4);

(i) paragraph 23(4) and (5) of Schedule 1;

(j) paragraphs 5(4) and 6(4) of Schedule 3;

(k) Schedule 5;

(l) paragraph 11(5) of Schedule 12;

(m) Schedule 15;

(and the references in section 5 to terms used in F7 ... Part 2 do not include references to a period expressed in hours, days, weeks, months or years).

F8 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (4) In the definition of “the UK GDPR” in section 3(10)—

(a) the reference to Regulation (EU) 2016/679 as it forms part of the law of England and Wales, Scotland and Northern Ireland by virtue of section 3 of the European Union (Withdrawal) Act 2018 is to be treated as a reference to that Regulation as modified by Schedule 1 to the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (“the 2019 Regulations”), but

(b) nothing in the definition or in paragraph (a) determines whether, where Regulation (EU) 2016/679 is modified on or after IP completion day by the law of England and Wales, Scotland or Northern Ireland (other than by Schedule 1 to the 2019 Regulations), the reference to Regulation (EU) 2016/679 is then to be read as a reference to that Regulation as modified.

(5) Subsection (4) is not to be read as implying anything about how other references to Regulation (EU) 2016/679 or references to other [F10 assimilated] law are to be interpreted.]

Textual Amendments

F1 Word in s. 205(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. 2 para. 85(2)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in s. 205(1) 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. 85(2)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in s. 205(1) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 87(a)

F4 Words in s. 205(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. 2 para. 85(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F5 S. 205(1A) substituted (31.12.2023 immediately before the end of 2023) by The Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023 (S.I. 2023/1417), regs. 1(2), 3(3)

F6 S. 205(2)(za) 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. 85(5)(a) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F7 Words in s. 205(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. 2 para. 85(5)(b) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F8 S. 205(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. 2 para. 85(6) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

F9 S. 205(4)(5) 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. 85(7) (with reg. 5) (as amended by S.I. 2020/1586, regs. 1(2), 5(2)); 2020 c. 1, Sch. 5 para. 1(1)

F10 Word in s. 205(5) substituted (1.1.2024) by The Retained EU Law (Revocation and Reform) Act 2023 (Consequential Amendment) Regulations 2023 (S.I. 2023/1424), reg. 1(2), Sch. para. 87(b)