SCHEDULE 1Modifications for the purposes of these Regulations to Part V F4and sections 55A to 55E of the Data Protection Act 1998 and Schedules 6 and 9 to that Act as extended by Regulation 31

Regulation 31

Annotations:
Amendments (Textual)

1

In section 40—

a

in subsection (1), for the words “data controller” there shall be substituted the word “ person ”, for the words “data protection principles” there shall be substituted the words “ requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (in this Part referred to as “the relevant requirements”) ” and for the words “principle or principles” there shall be substituted the words “ requirement or requirements ”;

b

in subsection (2), the words “or distress” shall be omitted;

c

subsections (3), (4), (5), (9) and (10) shall be omitted; and

d

in subsection (6)(a), for the words “data protection principle or principles” there shall be substituted the words “ relevant requirement or requirements. ”

2

In section 41(1) and (2), for the words “data protection principle or principles”, in both places where they occur, there shall be substituted the words “ relevant requirement or requirements ”.

F12A

Sections 41A to 41C shall be omitted.

3

Section 42 shall be omitted.

4

In section 43—

a

for subsections (1) and (2) there shall be substituted the following provisions—

1

If the Commissioner reasonably requires any information for the purpose of determining whether a person has complied or is complying with the relevant requirements, he may serve that person with a notice (in this Act referred to as “an information notice”) requiring him, within such time as is specified in the notice, to furnish the Commissioner, in such form as may be so specified, with such information relating to compliance with the relevant requirements as is so specified.

2

An information notice must contain a statement that the Commissioner regards the specified information as relevant for the purpose of determining whether the person has complied or is complying with the relevant requirements and his reason for regarding it as relevant for that purpose.

b

in subsection (6)(a), after the word “under” there shall be inserted the words “ the Privacy and Electronic Communications (EC Directive) Regulations 2003 or ”;

c

in subsection (6)(b), after the words “arising out of” there shall be inserted the words “ the said Regulations or ”;

F6d

in subsection (8), for “under this Act” there shall be substituted “under the Privacy and Electronic Communications (EC Directive) Regulations 2003”;

e

in subsection (8B), for “under this Act (other than an offence under section 47)” there shall be substituted “under the Privacy and Electronic Communications (EC Directive) Regulations 2003”; and

f

subsection (10) shall be omitted.

5

Sections 44, 45 and 46 shall be omitted.

F56

In section 47—

a

in subsection (1), “special information notice” there shall be substituted “third party information notice”; and

b

in subsection (2), for “special information notice” there shall be substituted “third party information notice”.

7

In section 48—

a

in subsections (1) and (3), for the words “an information notice or a special information notice”, in both places where they occur, there shall be substituted the words “ or an information notice ”;

b

in subsection (3) for the words “43(5) or 44(6)” there shall be substituted the words “ or 43(5) ”; and

c

subsection (4) shall be omitted.

8

In section 49 subsection (5) shall be omitted.

F28A

F11Except where paragraph 8AA applies, in section 55A—

a

in subsection (1)—

i

for “data controller” there shall be substituted “person”, and

ii

for “of section 4(4) by the data controller” there shall be substituted “of the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003”;

b

in subsection (3), for “data controller” there shall be substituted “person”;

c

subsection (3A) shall be omitted;

d

in subsection (4), for “data controller” there shall be substituted “person”;

e

in subsection (9), the definition of “data controller” shall be omitted.

F98AA

In section 55A, when applied to regulations 19 to 24 of these Regulations—

a

in subsection (1)—

i

for “data controller” there shall be substituted “person”;

ii

in paragraph (a), for “of section 4(4) by the data controller” there shall be substituted “of the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003, and”; and

iii

for paragraphs (b) and (c) there shall be substituted—

b

subsection (2) or (3) applies.

b

in subsection (3)—

i

for “data controller” there shall be substituted “person”; and

ii

for paragraph (a) substitute—

a

knew or ought to have known that there was a risk that the contravention would occur, but

c

subsection (3A) shall be omitted;

d

in subsection (4), for “data controller” there shall be substituted “person”; and

e

in subsection (9), the definition of “data controller” shall be omitted.

F28B

In section 55B, for the words “data controller” (in subsections (1), (3) and (4)), there shall be substituted the word “person”.

F108C

In section 55E, for the words “data controller” in subsection (2), there shall be substituted the word “person”.

9

In paragraph 4(1) of F7Schedule 6, for the words “(2) or (4)” there shall be substituted the words “ or (2) ”.

10

In paragraph 1 of Schedule 9—

a

for subparagraph (1)(a) there shall be substituted the following provision—

a

that a person has contravened or is contravening any of the requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 (in this Schedule referred to as “the 2003 Regulations”) or

F8b

in subparagraph (1A) for “data controller” there shall be substituted “person”, and for “requirement imposed by an assessment notice” there shall be substituted “the audit provisions in regulations 5 and 5B of the 2003 Regulations”;

c

in subparagraph (1B)—

i

for “data controller” there shall be substituted “person”;

ii

for “data protection principles” there shall be substituted “the requirements of the 2003 Regulations”;

iii

for “assessment notice” there shall be substituted “audit notice”; and

iv

the words “subparagraph (2) and” shall be omitted;

d

subparagraph (2) shall be omitted;

e

in subparagraphs (3)(d)(ii) and (3)(f) for the words “data controller” there shall be substituted “person”, and for the words “the data protection principles” there shall be substituted “the requirements of the 2003 Regulations”.

F310A

In paragraph 2(1A) of Schedule 9 for “assessment notice” there shall be substituted “audit notice”.

11

In paragraph 9 of Schedule 9—

a

in subparagraph (1)(a) after the words “rights under” there shall be inserted the words “ the 2003 Regulations or ”; and

b

in subparagraph (1)(b) after the words “arising out of” there shall be inserted the words “ the 2003 Regulations or ”.