Data Protection Act 1998 (c. 29)

Part VI U.K. Miscellaneous and General

Modifications etc. (not altering text)

C1 Pt. VI applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 51(1)(b)

Functions of Commissioner U.K.

[F1 52E Effect of [F2 data-sharing and direct marketing codes] U.K.

(1) A failure on the part of any person to act in accordance with any provision of the data-sharing code [F3 or the direct marketing code] does not of itself render that person liable to any legal proceedings in any court or tribunal.

(2) [F4 Those codes are] admissible in evidence in any legal proceedings.

(3) If any provision of [F5 those codes] appears to—

(a) the Tribunal or a court conducting any proceedings under this Act [F6 or the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426)],

(b) a court or tribunal conducting any other legal proceedings, or

(c) the Commissioner carrying out any function under this Act [F7 or those Regulations],

to be relevant to any question arising in the proceedings, or in connection with the exercise of that jurisdiction or the carrying out of those functions, in relation to any time when it was in force, that provision of the code must be taken into account in determining that question.

(4) In this section “the data-sharing code” [F8 and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and] issued under section 52B(5) (as altered or replaced from time to time).]

Textual Amendments

F1 Ss. 52A-52E inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 174(1), 175, 182 (with s. 180); S.I. 2010/145, art. 2, Sch. para. 16

F2 Words in s. 52E heading substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(4), 118(2)

F3 Words in s. 52E(1) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(a), 118(2)

F4 Words in s. 52E(2) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(b), 118(2)

F5 Words in s. 52E(3) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(c), 118(2)

F6 Words in s. 52E(3)(a) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(d), 118(2)

F7 Words in s. 52E(3)(c) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(e), 118(2)

F8 Words in s. 52E(4) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(8)(f), 118(2)