- Latest available (Revised)
- Point in Time (25/05/2018)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 25/05/2018.
Data Protection Act 2018, Cross Heading: General functions is up to date with all changes known to be in force on or before 01 September 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)The Commissioner is to be the supervisory authority in the United Kingdom for the purposes of Article 51 of the GDPR.
(2)General functions are conferred on the Commissioner by—
(a)Article 57 of the GDPR (tasks), and
(b)Article 58 of the GDPR (powers),
(and see also the Commissioner's duty under section 2).
(3)The Commissioner's functions in relation to the processing of personal data to which the GDPR applies include—
(a)a duty to advise Parliament, the government and other institutions and bodies on legislative and administrative measures relating to the protection of individuals' rights and freedoms with regard to the processing of personal data, and
(b)a power to issue, on the Commissioner's own initiative or on request, opinions to Parliament, the government or other institutions and bodies as well as to the public on any issue related to the protection of personal data.
(4)The Commissioner's functions under Article 58 of the GDPR are subject to the safeguards in subsections (5) to (9).
(5)The Commissioner's power under Article 58(1)(a) of the GDPR (power to require a controller or processor to provide information that the Commissioner requires for the performance of the Commissioner's tasks under the GDPR) is exercisable only by giving an information notice under section 142.
(6)The Commissioner's power under Article 58(1)(b) of the GDPR (power to carry out data protection audits) is exercisable only in accordance with section 146.
(7)The Commissioner's powers under Article 58(1)(e) and (f) of the GDPR (power to obtain information from controllers and processors and access to their premises) are exercisable only—
(a)in accordance with Schedule 15 (see section 154), or
(b)to the extent that they are exercised in conjunction with the power under Article 58(1)(b) of the GDPR, in accordance with section 146.
(8)The following powers are exercisable only by giving an enforcement notice under section 149—
(a)the Commissioner's powers under Article 58(2)(c) to (g) and (j) of the GDPR (certain corrective powers);
(b)the Commissioner's powers under Article 58(2)(h) to order a certification body to withdraw, or not to issue, a certification under Articles 42 and 43 of the GDPR.
(9)The Commissioner's powers under Articles 58(2)(i) and 83 of the GDPR (administrative fines) are exercisable only by giving a penalty notice under section 155.
(10)This section is without prejudice to other functions conferred on the Commissioner, whether by the GDPR, this Act or otherwise.
Commencement Information
I1S. 115 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)
(1)The Commissioner—
(a)is to be the supervisory authority in the United Kingdom for the purposes of Article 41 of the Law Enforcement Directive, and
(b)is to continue to be the designated authority in the United Kingdom for the purposes of Article 13 of the Data Protection Convention.
(2)Schedule 13 confers general functions on the Commissioner in connection with processing to which the GDPR does not apply (and see also the Commissioner's duty under section 2).
(3)This section and Schedule 13 are without prejudice to other functions conferred on the Commissioner, whether by this Act or otherwise.
Commencement Information
I2S. 116 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)
Nothing in this Act permits or requires the Commissioner to exercise functions in relation to the processing of personal data by—
(a)an individual acting in a judicial capacity, or
(b)a court or tribunal acting in its judicial capacity,
(and see also Article 55(3) of the GDPR).
Commencement Information
I3S. 117 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(e)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: