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Changes over time for: Section 31
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
This version of this provision is prospective.
Status
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
- where the provision (Part, Chapter or section) has never come into force or;
- where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Changes to legislation:
There are currently no known outstanding effects for the Victims and Prisoners Act 2024, Section 31.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
31Right to erasure of personal data in the UKE+W
(1)Article 17 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (right to erasure) is amended in accordance with subsections (2) and (3).
(2)In paragraph 1, after point (f) insert—
“(g)the personal data have been processed as a result of an allegation about the data subject—
(i)which was made by a person who is a malicious person in relation to the data subject (whether they became such a person before or after the allegation was made),
(ii)which has been investigated by the controller, and
(iii)in relation to which the controller has decided that no further action is to be taken.”
(3)After paragraph 3 insert—
“4.For the purposes of paragraph (1)(g), a person who has made an allegation about a data subject is a “malicious person” in relation to the data subject if the person—
(a)has been convicted of an offence specified in column 1 of the table in paragraph 5 in relation to which the data subject is a person specified in the corresponding entry in column 2 of that table, or
(b)is subject to a stalking protection order under section 2 of the Stalking Protection Act 2019 or section 8 of the Protection from Stalking Act (Northern Ireland) 2022 (c. 17 (N.I.)) made to protect the data subject from a risk associated with stalking (see section 2(1)(c) of the 2019 Act and section 8(2)(c) of the 2022 Act).
5.The table is as follows—
| Offence | Data subject |
---|
1. | An offence under section 2 of the Protection from Harassment Act 1997 (offence of harassment: England and Wales) | A person mentioned in section 1(1)(a) or 1(1A)(a) of that Act |
---|
2. | An offence under section 2A, 4 or 4A of the Protection from Harassment Act 1997 (other harassment and stalking offences: England and Wales) | The person against whom the offence is committed |
---|
3. | An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 2(1)(c) of that Act) |
---|
4. | An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in entry 1, 2 or 3 of this table | A person specified in column 2 of the entry in which the corresponding offence is specified |
---|
5. | An offence under section 70 of the Army Act 1955 or Air Force Act 1955 as respects which the corresponding civil offence (within the meaning of that Act) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the corresponding civil offence is specified |
---|
6. | An offence under section 42 of the Naval Discipline Act 1957 as respects which the civil offence (within the meaning of that section) is an offence specified in entry 1 or 2 of this table | A person specified in column 2 of the entry in which the civil offence is specified |
---|
7. | An offence under section 39 of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13) (stalking offences: Scotland) | The person against whom the offence is committed |
---|
8. | An offence under section 1 of the Protection from Stalking Act (Northern Ireland) 2022 (stalking offences: Northern Ireland) | The person against whom the offence is committed |
---|
9. | An offence under section 13 of the Protection from Stalking Act (Northern Ireland) 2022 (offence of breaching order: Northern Ireland) | A person who the stalking protection order was made to protect from a risk associated with stalking (see section 8(2)(c) of that Act) |
---|
10. | An offence under Article 4 or 6 of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9)) (harassment offences: Northern Ireland) | The person against whom the offence is committed” |
---|
(4)After section 13 of the Data Protection Act 2018 insert—
“13AMeaning of “relevant offence” for purpose of right to erasure
(1)The Secretary of State may by regulations amend the table in Article 17(5) of the UK GDPR.
(2)Regulations under this section are subject to the affirmative resolution procedure.”
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