Further Data Protection Act Implementation

March 10, 2011

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.