Statutory Instruments
Data Protection
Made
11th February 2015
The Secretary of State makes the following Order in exercise of the power conferred by section 75(3) of the Data Protection Act 1998(1):
1. This Order may be cited as the Data Protection Act 1998 (Commencement No. 4) Order 2015.
2. The day appointed for the coming into force of section 56 (prohibition of requirement as to production of certain records) of the Data Protection Act 1998(2), so far as it is not already in force, is 10th March 2015.
Simon Hughes
Minister of State
Ministry of Justice
11th February 2015
(This note is not part of the Order)
Article 2 of this Order brings into force on 10th March 2015 section 56 of the Data Protection Act 1998 (“the Act”), so far as that provision is not already in force. Section 56 introduces an offence which prohibits a person, A from requiring another person, B, or a third party, C, to provide A with information obtained by means of a subject access request under section 7 of the Act. The prohibition applies in certain circumstances specified in section 56, for example where B is seeking employment with A, and only applies to particular information obtained from specified data controllers, such as information relating to a record of convictions obtained from a chief officer of police of a police force in England and Wales.
A full impact assessment will be published on 12th May 2015.
(This note is not part of the Order)
The following provisions of the Data Protection Act 1998 have been brought into force by commencement order made before the date of this Order:
| Provision | Date of Commencement | S.I. No. |
|---|---|---|
| sections 4 to 6 | 1st March 2000 | 2000/183 |
| section 7 so far as not already in force | 1st March 2000 | 2000/183 |
| section 8 so far as not already in force | 1st March 2000 | 2000/183 |
| section 9 so far as not already in force | 1st March 2000 | 2000/183 |
| section 10 so far as not already in force | 1st March 2000 | 2000/183 |
| section 11 | 1st March 2000 | 2000/183 |
| section 12 so far as not already in force | 1st March 2000 | 2000/183 |
| sections 13 to 16 | 1st March 2000 | 2000/183 |
| section 17 so far as not already in force | 1st March 2000 | 2000/183 |
| section 18 so far as not already in force | 1st March 2000 | 2000/183 |
| section 19 so far as not already in force | 1st March 2000 | 2000/183 |
| section 20 so far as not already in force | 1st March 2000 | 2000/183 |
| section 21 | 1st March 2000 | 2000/183 |
| section 22 so far as not already in force | 1st March 2000 | 2000/183 |
| section 23 so far as not already in force | 1st March 2000 | 2000/183 |
| section 24 | 1st March 2000 | 2000/183 |
| section 25(2) and (3) | 1st March 2000 | 2000/183 |
| sections 27 to 29 | 1st March 2000 | 2000/183 |
| section 30 so far as not already in force | 1st March 2000 | 2000/183 |
| section 31 | 1st March 2000 | 2000/183 |
| section 32 so far as not already in force | 1st March 2000 | 2000/183 |
| sections 33 to 37 | 1st March 2000 | 2000/183 |
| section 38 so far as not already in force | 1st March 2000 | 2000/183 |
| sections 39 to 50 | 1st March 2000 | 2000/183 |
| section 51 so far as not already in force | 1st March 2000 | 2000/183 |
| section 52 | 1st March 2000 | 2000/183 |
| section 53 | 1st March 2000 | 2000/183 |
| section 54 so far as not already in force | 1st March 2000 | 2000/183 |
| section 55 | 1st March 2000 | 2000/183 |
| section 56 (partially) | 7th July 2008 | 2008/1592 2011/601 |
| section 56 (partially) | 3rd March 2011 | 2000/183 |
| sections 57 to 63 | 1st March 2000 | 2000/183 |
| section 64 so far as not already in force | 1st March 2000 | 2000/183 |
| section 65 | 1st March 2000 | 2000/183 |
| section 66 | 1st March 2000 | 2000/183 |
| sections 72 to 74 | 1st March 2000 | 2000/183 |
| Schedules 1 to 4 so far as not already in force | 1st March 2000 | 2000/183 |
| Paragraphs 1 to 16 of Schedule 5 | 1st March 2000 | 2000/183 |
| Schedule 6 | 1st March 2000 | 2000/183 |
| Schedule 7 so far as not already in force | 1st March 2000 | 2000/183 |
| Schedules 8 to 10 | 1st March 2000 | 2000/183 |
| Schedules 13 to 16 | 1st March 2000 | 2000/183 |
1998 c. 29. Section 75(3) was amended by 2003/1887. Section 75(4) provides that the day appointed for the coming into force of section 56 must not be earlier than the first day on which sections 112, 113A and 113B of the Police Act 1997 (c. 50) are all in force. Section 112 was commenced by S.S.I. 2002/124, 2008/692 and 2014/237. Section 113A was commenced by S.S.I. 2006/166, 2006/378, 2008/692 and 2008/697. Section 113B was commenced by S.S.I. 2006/166, 2006/378, 2006/2182, 2007/3064, 2008/306, 2008/692 and 2015/188.
Section 56 was amended by the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6), Schedule 9, paragraph 191; the Police (Northern Ireland) Act 2000 (c. 32), section 78(2)(a); the Freedom of Information Act 2000 (c. 36), section 68(4); the Serious Organised Crime and Police Act 2005 (c. 15), Schedule 4, paragraph 112; the Safeguarding Vulnerable Groups Act 2006 (c. 47), Schedule 9, paragraph 15; the Policing and Crime Act 2009 (c. 1), section 81(2) and (3)(i); and the Crime and Courts Act 2013 (c. 22), Schedule 8, paragraph 187. Section 56 was also amended by 2003/1887, 2007/1351, 2011/565, 2011/2425, 2012/3006, 2013/602 and 2013/630, and by S.R.(NI) 2011 No. 357.