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Data Protection Act 2018
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16Power to make further exemptions etc by regulationsU.K.
This section has no associated Explanatory Notes
(1)The following powers to make provision altering the application of the GDPR may be exercised by way of regulations made by the Secretary of State under this section—
(a)the power in Article 6(3) for Member State law to lay down a legal basis containing specific provisions to adapt the application of rules of the GDPR where processing is necessary for compliance with a legal obligation, for the performance of a task in the public interest or in the exercise of official authority;
(b)the power in Article 23(1) to make a legislative measure restricting the scope of the obligations and rights mentioned in that Article where necessary and proportionate to safeguard certain objectives of general public interest;
(c)the power in Article 85(2) to provide for exemptions or derogations from certain Chapters of the GDPR where necessary to reconcile the protection of personal data with the freedom of expression and information.
(2)Regulations under this section may—
(a)amend Schedules 2 to 4—
(i)by adding or varying provisions, and
(ii)by omitting provisions added by regulations under this section, and
(b)consequentially amend section 15.
(3)Regulations under this section are subject to the affirmative resolution procedure.
Commencement Information
I1S. 16 in force at Royal Assent for specified purposes, see s. 212(2)(f)
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