The Data Protection (Subject Access Modification) (Social Work) Order 1987

3.—(1) Subject to paragraph (3) below, this Order applies to personal data falling within any of the following descriptions:—

(a) data held by a local authority —

(i) in connection with its social services functions within the meaning of the Local Authority Social Services Act 1970(1) or any functions which stand referred to a social work committee under the Social Work (Scotland) Act 1968(2), or

(ii) in the exercise of other functions but obtained or consisting of information obtained in connection with any of those functions;

(b) data held by a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 1972(3) in connection with the provision of personal social services within the meaning of that Order or held by the Board in the exercise of other functions but obtained or consisting of information obtained in connection with the provision of those services;

(c) data held by a district council in the exercise of its functions under Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 1983(4);

(d) data held by a probation committee established by Schedule 3 to the Powers of Criminal Courts Act 1973(5) or the Probation Board for Northern Ireland;

(e) data held by a local education authority or local authority for the purposes of any functions performed by education welfare officers;

(f) data relating to persons detained in a special hospital provided by the Secretary of State under section 4 of the National Health Service Act 1977 and held by a health authority in the exercise of any functions similar to any social services functions of a local authority;

(g) data held by the National Society for the Prevention of Cruelty to Children or the Royal Scottish Society for the Prevention of Cruelty to Children or by any other voluntary organization or other body designated under this sub-paragraph by the Secretary of State or the Department of Health and Social Services for Northern Ireland and appearing to the Secretary of State or the Department, as the case may be, to be held for the purposes of the provision of any service similar to a service provided in the exercise of any functions specified in sub-paragraphs (a)(i), (b) or (c) above;

(h) data held by —

(i) a health authority or a Family Practitioner Committee established under section 10 of the National Health Service Act 1977, or

(ii) a Health Board established under section 2 of the National Health Service (Scotland) Act 1978(6),

which were obtained or consisted of information which was obtained from any authority or body mentioned above or government department and which, whilst held by that authority or body or government department, fell within any sub-paragraph of this paragraph;

(i) data held by a government department and obtained or consisting of information obtained from any authority or body mentioned above and which, whilst held by that authority or body, fell within any of the preceding sub-paragraphs of this paragraph;

(j) data held for the purposes of the functions of the Secretary of State pursuant to section 80 of the Child Care Act 1980(7);

(k) data held by any person appointed for any purpose mentioned in section 103 of the Children Act 1975(8) or by a reporter appointed under section 36 of the Social Work (Scotland) Act 1968.

(2) This Order applies to personal data held by a court and consisting of information supplied in a report or other evidence given to the court by a local authority, Health and Social Services Board, probation officer or other person in the course of any proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 1970(9), the Magistrates' Courts (Children and Young Persons) (Northern Ireland) Rules 1969(10) or the Act of Sederunt (Social Work) Sheriff Court Procedure Rules 1971(11) apply where, in accordance with a provision of any of those Rules, the information may be withheld by the court in whole or in part from the data subject.

(3) This Order, except so far as it relates to any data mentioned in paragraph (2) above, does not apply —

(a) to any data consisting of information as to the physical or mental health of the data subject to which the Data Protection (Subject Access Modification) (Health) Order 1987(12) applies; or

(b) to any data which are exempted from the subject access provisions by an order made under section 34(2) of the Act, and this Order is without prejudice to any exemption from the subject access provisions contained in any provision of the Act.

(1)

1970 c. 42.

(2)

1968 c. 49.

(3)

S.I. 1972/1265(N.I.14).

(4)

1983 c. 41.

(5)

1973 c. 62. Schedule 3 was amended by 1982 c. 48, Schedule 11.

(6)

1978 c. 29.

(7)

1980 c. 5.

(8)

1975 c. 72. Section 103 was amended by 1980 c. 5 and 1983 c. 41.

(9)

S.I. 1970/1792.

(10)

S.R. & O.(N.I.) 1969 No. 221.

(11)

S.I. 1971/92.

(12)

S.I. 1987/1903.