The third Commencement Order made under the Data Protection Act 1998 has now been published. The Data Protection Act 1998 (Commencement No. 3) Order 2011 (SI 2011/601) has effect from 3 March. In the best traditions of short notice commencement, it was made on 2 March and published on the legislation.gov.uk web site sometime after it was in effect.
Article 2 Order provides for the partial commencement of s. 56 of the Act but only in relation to information held by the Scottish Ministers pursuant to their functions under Parts 1 and 2 of the Protection of Vulnerable Groups (Scotland) Act 2007. Section 56 prohibits a person, A, from requiring an individual, B, or a third party, C, to provide A with information obtained by means of a subject access request under s 7 of the DPA. The prohibition applies in circumstances specified in s 56, for example where B is seeking employment with A.
SI 2008/1592 brought the provision into force in a similarly limited way but for Northern Ireland. Section 56 is not otherwise in force.
