SCHEDULE 4Exemptions etc from the GDPR: disclosure prohibited or restricted by an enactment
Parental order records and reports
5
(1)
The listed GDPR provisions do not apply to personal data consisting of information the disclosure of which is prohibited or restricted by an enactment listed in sub-paragraph (2), (3) or (4).
(2)
The enactments extending to England and Wales are—
(a)
sections 60, 77, 78 and 79 of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985) in relation to parental orders made under—
(i)
section 30 of the Human Fertilisation and Embryology Act 1990, or
(ii)
section 54 of the Human Fertilisation and Embryology Act 2008;
(b)
rules made under section 144 of the Magistrates' Courts Act 1980 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of and Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010, so far as the rules relate to—
(i)
the appointment and duties of the parental order reporter, and
(ii)
the keeping of registers and the custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings;
(c)
rules made under section 75 of the Courts Act 2003 by virtue of section 141(1) of the Adoption and Children Act 2002, as applied with modifications by regulation 2 of Schedule 1 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985), so far as the rules relate to—
(i)
the appointment and duties of the parental order reporter, and
(ii)
the keeping of registers and the custody, inspection and disclosure of documents and information relating to parental order proceedings or related proceedings.
(3)
The enactments extending to Scotland are—
(a)
sections 53 and 55 of the Adoption and Children (Scotland) Act 2007 (asp 4), as applied with modifications by regulation 4 of and Schedule 3 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 (S.I. 2010/985) in relation to parental orders made under—
(i)
section 30 of the Human Fertilisation and Embryology Act 1990, or
(ii)
section 54 of the Human Fertilisation and Embryology Act 2008;
(b)
rules 2.47 and 2.59 of the Act of Sederunt (Child Care and Maintenance Rules) 1997 (S.I. 1997/291 (S. 19));
(c)
rules 21 and 25 of the Sheriff Court Adoption Rules 2009.
(4)
The enactments extending to Northern Ireland are—
(a)
Articles 50 and 54 of the Adoption (Northern Ireland) Order 1987 (S.I. 1987/2203 (N.I. 22)), as applied with modifications by regulation 3 of and Schedule 2 to the Human Fertilisation and Embryology (Parental Orders) Regulations 2010 in respect of parental orders made under—
(i)
section 30 of the Human Fertilisation and Embryology Act 1990, or
(ii)
section 54 of the Human Fertilisation and Embryology Act 2008;
(b)
rules 4, 5 and 16 of Order 84A of the Rules of the Court of Judicature (Northern Ireland) 1980 (S.R. (N.I.) 1980 No. 346);
(c)
rules 3, 4 and 15 of Order 50A of the County Court Rules (Northern Ireland) 1981 (S.R. (N.I.) 1981 No. 225).