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Data Protection Act 2018
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Data Protection Act 2018, Section 21 is up to date with all changes known to be in force on or before 26 November 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 to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 13A inserted by 2024 c. 21 s. 31(4)
- s. 204(1)(l) inserted by S.I. 2024/374 Sch. 5 para. 7
- Sch. 3 para. 8(1)(y) added by 2022 c. 18 (N.I.) Sch. 3 para. 78(3)
21[F1Definitions]U.K.
This section has no associated Explanatory Notes
F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5)In this Chapter, “FOI public authority” means—
(a)a public authority as defined in the Freedom of Information Act 2000, F3...
(b)a Scottish public authority as defined in the Freedom of Information (Scotland) Act 2002 (asp 13) [F4, or
(c)the Advanced Research and Invention Agency].
(6)References in this Chapter to personal data “held” by an FOI public authority are to be interpreted—
(a)in relation to England and Wales and Northern Ireland, in accordance with section 3(2) of the Freedom of Information Act 2000, and
(b)in relation to Scotland, in accordance with section 3(2), (4) and (5) of the Freedom of Information (Scotland) Act 2002 (asp 13),
but such references do not include information held by an intelligence service (as defined in section 82) on behalf of an FOI public authority.
(7)But personal data is not to be treated as “held” by an FOI public authority for the purposes of this Chapter, where—
(a)section 7 of the Freedom of Information Act 2000 prevents Parts 1 to 5 of that Act from applying to the personal data, or
(b)section 7(1) of the Freedom of Information (Scotland) Act 2002 (asp 13) prevents that Act from applying to the personal data.
[F5(8)In relation to the Advanced Research and Invention Agency—
(a)for the purposes of subsection (6)(a)—
(i)section 3(2) of the Freedom of Information Act 2000 is to be read as if “public authority” included that Agency, and
(ii)section 3(2) of the Freedom of Information (Scotland) Act 2002 (asp 13) is to be read as if “authority” included that Agency, and
(b)subsection (7) does not apply.]
Textual Amendments
F1S. 21 heading substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 29(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F2S. 21(1)-(4) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 29(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
F3Word in s. 21(5)(a) omitted (25.1.2023) by virtue of Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 15(2)(a); S.I. 2023/58, reg. 2
F4S. 21(5)(c) and word inserted (25.1.2023) by Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 15(2)(b); S.I. 2023/58, reg. 2
F5S. 21(8) inserted (25.1.2023) by Advanced Research and Invention Agency Act 2022 (c. 4), s. 13(1), Sch. 3 para. 15(3); S.I. 2023/58, reg. 2
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