The Data Protection (Subject Access Modification) (Social Work) (Amendment) Order 2005

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Data Protection Act (Subject Access Modifications) (Social Work) Order 2000 (“the 2000 Order”) to make further partial exemption from the provisions of the Data Protection Act 1998 (“the 1998 Act”), which confer rights on data subjects to gain access to data held about them, of certain data where the exercise of those rights would be likely to prejudice the carrying out of social work by causing serious harm to the physical or mental health or condition of the data subject or another person.

Article 3 makes amendments to article 5 of the 2000 Order, by exempting further categories of processing of personal data from the obligations in section 7(1)(b) to (d) of the 1998 Act (“the subject access provisions”).

Article 4 amends Article 7(2) of the 2000 Order, by applying an amended section 7 of the Act to the data mentioned in paragraph 1 of the Schedule to the 2000 Order.