- Latest available (Revised)
- Point in Time (01/08/2012)
- Original (As enacted)
Version Superseded: 25/05/2018
Point in time view as at 01/08/2012.
Data Protection Act 1998, SCHEDULE 15 is up to date with all changes known to be in force on or before 24 August 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.
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Section 74(1).
1F1(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 15 para. 1(1) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)
F2Sch. 15 para. 1(2)(3) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2
F32U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3Sch. 15 para. 2 repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)
F43U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4Sch. 15 para. 3 repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2
F54U.K.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F5Sch. 15 para. 4 repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)
5F6(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F7(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F6Sch. 15 para. 5(1) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2
F7Sch. 15 para. 5(2) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)
6F8(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
F9(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F8Sch. 15 para. 6(1) repealed (1.1.2005) by 2000 c. 36, ss. 86, 87(3), Sch. 8 Pt. III (with ss. 56, 78); S.I. 2004/3122, art. 2
F9Sch. 15 para. 6(2) repealed (30.1.2001) by 2000 c. 36, ss. 86, 87(2)(d), Sch. 8 Pt. II (with ss. 56, 78)
7U.K.In Schedule 2 of the Representation of the People Act 1983 (provisions which may be included in regulations as to registration etc), in paragraph 11A(2)—
(a)for “data user” there is substituted “ data controller ”, and
(b)for “the Data Protection Act 1984” there is substituted “ the Data Protection Act 1998 ”.
8U.K.In section 2(1) of the Access to Medical Reports Act 1988 (interpretation), in the definition of “health professional”, for “the Data Protection (Subject Access Modification) Order 1987” there is substituted “ the Data Protection Act 1998 ”.
9U.K.F10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F10Sch. 15 para. 9 repealed (6.4.2007) by Violent Crime Reduction Act 2006 (c. 38), ss. 65, 66(2), Sch. 5; S.I. 2007/858, {art. (m)(n)(vii)}
10U.K.Schedule 2 to the Education (Student Loans) Act 1990 (loans for students) so far as that Schedule continues in force shall have effect as if the reference in paragraph 4(2) to the Data Protection Act 1984 were a reference to this Act.
11U.K.For section 2 of the Access to Health Records Act 1990 there is substituted—
In this Act “health professional” has the same meaning as in the Data Protection Act 1998.”
12U.K.In section 3(4) of that Act (cases where fee may be required) in paragraph (a), for “the maximum prescribed under section 21 of the Data Protection Act 1984” there is substituted “ such maximum as may be prescribed for the purposes of this section by regulations under section 7 of the Data Protection Act 1998 ”.
13U.K.In section 5(3) of that Act (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under section 3(2) to any part of a health record ”.
14U.K.In Article 4 of the Access to Personal Files and Medical Reports (Northern Ireland) Order 1991 (obligation to give access), in paragraph (2) (exclusion of information to which individual entitled under section 21 of the Data Protection Act 1984) for “section 21 of the Data Protection Act 1984” there is substituted “ section 7 of the Data Protection Act 1998 ”.
15U.K.In Article 6(1) of that Order (interpretation), in the definition of “health professional”, for “the Data Protection (Subject Access Modification) (Health) Order 1987” there is substituted “ the Data Protection Act 1998 ”.
16U.K.In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992 (tribunals under direct supervision of Council on Tribunals), for paragraph 14 there is substituted—
“Data protection | 14. (a) The Data Protection Commissioner appointed under section 6 of the Data Protection Act 1998; (b) the Data Protection Tribunal constituted under that section, in respect of its jurisdiction under section 48 of that Act.” |
17U.K.For paragraphs (1) and (2) of Article 4 of the Access to Health Records (Northern Ireland) Order 1993 there is substituted—
“(1)In this Order “health professional” has the same meaning as in the Data Protection Act 1998.”
18U.K.In Article 5(4) of that Order (cases where fee may be required) in sub-paragraph (a), for “the maximum prescribed under section 21 of the Data Protection Act 1984” there is substituted “ such maximum as may be prescribed for the purposes of this Article by regulations under section 7 of the Data Protection Act 1998 ”.
19U.K.In Article 7 of that Order (cases where right of access may be partially excluded) for the words from the beginning to “record” in the first place where it occurs there is substituted “ Access shall not be given under Article 5(2) to any part of a health record ”.
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