WORLD TRADE ORGANIZATION 
ORGANISATION MONDIALE DU COMMERCE 
ORGANIZACION MUNDIAL DEL COMERCIO 
Council for Trade-Related Aspects 
of Intellectual Property Rights IP/N/I/GBR/U/l 
1 May 1996 
(96-1683) 
Original: Englishl 
anglaisl 
ingles 
MAIN DEDICATED INTELLECTUAL PROPERTY LAWS AND REGULATIONS 
NOTIFIED UNDER ARTICLE 63.2 OF THE AGREEMENT 
United Kingdom 
The present document reproduces the Data Protection Act 19841, as notified by the 
United Kingdom under Article 63.2 of the Agreement (see document IP/N/1/GBRll). 
Conseil des aspects des droits de propriete 
intellectuelle qui touchent au commerce 
PRINCIPALES LOIS ET REGLEMENTATIONS CONSACREES A LA 
PROPRIETE INTELLECTUELLE NOTIFIEES AU TITRE DE 
L'ARTICLE 63:2 DE L'ACCORD 
Royaume-Uni 
Le present document contient le texte de la Loi de 1984 sur la protection des donnees ) , notifiee 
par le Royaume-Uni au titre de l'article 63:2 de l'Accord (voir le document IP/N/1/GBRll). 
Consejo de los Aspectos de los Derechos de Propiedad 
Intelectual relacionados con el Comercio 
PRINCIPALES LEYES Y REGLAMENTOS DEDICADOS A LA 
PROPIEDAD INTELECTUAL NOTIFICADOS EN VIRTUD 
DEL pARRAFO 2 DEL ARTiCULO 63 DEL ACUERDO 
Reino Unido 
En el presente documento se reproduce la Ley de Protecci6n de Datos de 19841, notificada 
por el Reino Unido en virtud de 10 dispuesto en el parrafo 2 del articulo 63 del Acuerdo (vease el 
documento IP/N/1/GBRl1). 
lEnglish only/anglais seulement/ingles solamente. IP/N/lIGBRlU 11 
Page 2 
Data Protection Act 1984 
CHAPTER 35 
ARRANGEMENT OF SECTIONS 
PART I 
PRELIMINARY 
Section 
1. Definition of "data" and related expressions. 
2. The data protection principles. 
3. The Registrar and the Tribunal. 
PART 11 
REGISTRATION AND SUPERVISION OF DATA USERS AND 
COMPUTER BUREAUX 
Registration 
4. Registration of data users and computer bureaux. 
5. Prohibition of unregistered holding etc. of personal data. 
6. Applications for registration and for amendment of 
registered particulars. 
7. Acceptance and refusal of applications. 
8. Duration and renewal of registration. 
9. Inspection etc. of registered particulars. 
Supervision 
10. Enforcement notices. 
11. De-registration notices. 
12. Transfer prohibition notices. 
13. 
14. Rights of Appeal. 
Determination of appeals. Appeals 
A Section 
15. 
16. 
17. 
18. 
19. 
20. Dala Protection Act 1984 
Miscellaneous and supplementary 
Unauthorised disclosure by computer bureau. 
Powers of entry and inspection. 
Disclosure of infonnation. 
Service of notices. 
Prosecutions and penalties. 
Liability of directors etc. 
PART III 
RIGHTS OF DATA SUBJECTS 
21. Right of access to personal data. 
22. Compensation for inaccuracy. 
23. Compensation for loss or unauthorised disclosure. 
24. Rectification and erasure. 
25. Jurisdiction and procedure. 
26 Preliminary. 
27. National security. PART IV 
EXEMPTIONS 
28. Crime and taxation. 
29. Health and social work. 
30. Regulation of financial services etc. IP/NIl/GBRlUI 1 
Page 3 
31. Judicial appointments and legal professional privilege. 
32. Payrolls and accounts. 
33. Domestic or other limited purposes. 
34. Other exemptions. 
35. Examination marks. 
PART V 
GENERAL 
36. General duties of Registrar. 
37. Co-operation between parties to Convention. 
38. Application to government departments and police. 
39. Data held, and services provided, outside the United 
Kingdom. 
40. Regulations, rules and orders. 
41. General interpretation. 
42. Commencement and transitional provisions. 
43. Short title and extent. 
SCHEDULES: 
Schedule I-The data protection principles. 
Schedule 2-The Data Protection Registrar and the 
Data Protection Tribunal. 
Schedule 3-Appeal proceedings. 
Schedule 4-Powers of entry and inspection. IP/NIl/GBRlUI 1 
Page 4 
ELIZABETH 11 c.3S 
Data Protection Act 1984 
1984 CHAPTER 35 
An Act to regulate the use of automatically processed 
information relating to individuals and the provision 
of services in respect of such information. 
[12th July 1984] 
BElT ENACTED by the Queen's most Excellent Majesty, by and 
with the advice and consent of the Lords Spiritual and 
Temporal, and Commons, in this present Parliament 
assembled, and by the authority of the same, as follows:-
PART I 
PRELIMINAR Y 
1.-(1) The following provisions shall have effect for the inter-Definition of 
pretation of this Act. " data" and related 
(2) " Data" means information recorded in a form in which expressions. 
it can be processed by equipment operating automatically in 
response to instructions given for that pUlpose. 
(3) "Personal data" means data consisting of information 
which relates to a living individual who can be identified from 
that information (or from that and other information in the 
possession of the data user). including any expression of opinion 
about the individual but not any indication of the intentions of 
the data user in respect of that individual. 
(4) "Data subject" means an individual who is the subject 
of personal data. PART! 
The data 
protection 
principles. c.35 Data Protection Act 1984 IP/NIlIGBRlU/l 
Page 5 
(5) Cl Data user" means a person who holds data, and a per­
son" holds" data if-
(a) the data form part of a collection of data processed or 
intended to be processed by or on behalf of that person 
as mentioned in subsection (2) above; and 
(b) that person (either alone or jointly or in common with 
other persons) controls the contents and use of the data 
comprised in the collection; and 
(c) the data are in the form in which they have been or 
are intended to be processed as mentioned in paragraph 
(a) above or (though not for the time being in that form) 
in a form into which they have been converted after 
being so processed and with a view to being further 
so processed on a subsequent occasion. 
(6) A person carries on a " computer bureau" if he provides 
other persons with services in respect of data, and a person 
provides such services if-
(a) as agent for other persons he causes data held by them 
to be processed as mentioned in subsection (2) above; 
or 
(b) he allows other persons the use of equipment in his 
possession for the processing as mentioned in that 
subsection of data held by them. 
(7) "Processing ", in relation to data, means amending, aug­
menting. deleting or re-arranging the data or extracting the in­
formation constituting the data and, in the case of personal data, 
means performing any of those operations by reference to the 
data subject. 
(8) Subsection (7) above shall not be construed as applying to 
any operation performed only for the purpose of preparing the 
text of documents. 
(9) "Disclosing ", in relation to data, includes disclosing in­
formation extracted from the data; and where the identification 
of the individual who is the subject of personal data depends 
partly on the information constituting the data and partly on 
other information in the possession of the data user, the data 
shall not be regarded as disclosed or transferred unless the other 
information is also disclosed or transferred. 
2.-0) Subject to subsection (3) below. references in this Act 
to the data protection principles are to the principles set out in 
Part I of Schedule 1 to this Act; and those principles shall be 
interpreted in accordance with Part 11 of that Schedule. 
(2) The first seven principles apply to personal data held by 
data users and the eighth applies both to such data and to per-IP/NIl/GBRlUI 1 
Page 6 
Data Protection Act 1984 c.35 
sonal data in respect of which services are provided by persons 
carrying on computer bureaux. 
(3) The Secretary of State may by order modify or :supple> 
ment those principles for the purpose of providing additional 
safeguards in relation to personal data consisting of information 
as to-
(a) the racial origin of the data subject ; 
(b) his political opinions or religious or other beliefs; 
(c) his physical or mental health or his sexual life ; or 
(cl) his criminal convictions; 
and r~ferences in this Act to the data protection principles 
include. except where the context othenvise requires. references 
to any modified or additional principle having effect by virtue 
of an order under this subsection. 
(4) An order under subsection (3) above may modify a prin­
ciple either by modifying the principle itself or by modifying its 
interpretation; and where an order under that subsection mcxii­
fies a principle or provides for an additional principle it may 
contain provisions for the interpretation of the modified or ad­
ditional principle. 
(5) An order under subsection (3) above modifying the third 
data protection principle may. to such extent as the Secretary 
of State thinks appropriate, exclude or modify in relation to th~t 
principle any exemption from the non-disclosure provisions 
which is contained in Part IV of this Act; and the exemptions 
from those provisions contained in that Part shall accordingly 
have effect subject to any order made by virtue of this sub­
section. 
(6) An order under subsection (3) above may make different 
provision in relation to data consisting of information of differ­
ent descriptions. PART I 
3.-(1) For the purposes of this Act there shall be-
(a) an officer known as the Data Protection Registrar 
this Act referred to as " the Registrar ") ; and The Registrar 
. and the 
(In Tribunal. 
(b) a tribunal known as the Data Protection Tribunal (in 
this Act referred to as " the Tribunal "). 
(2) The Registrar shall be appointed by Her Majesty by Letters 
Patent. 
(3) The Tribunal shall consist of-
(a) a chairman appointed by the Lord Chancellor after 
consultation with the Lord Advocate ; 
(b) such number of deputy chairmen appointed as aforesaid 
as the Lord Chancel10r may determine; and c.35 . Data Protection Act 1984 IP/N/1/GBRlU/l 
Page 7 
PART I (c) such nwnber of other members appointed by the Secre-
Registration 
of data users 
and computer 
bureaux. tary of State as be may determine. 
(4) The members of the Tribunal appointed under subsection 
(3)(a) and (b) above shall be barristers, advocates or solicitors. 
in each case of not less than seven years' standing. 
(5) The members of the Tribunal appointed under subsection 
(3)(c) above shall be-
(a) persons to represent the interests of data users; and 
(b) persons to represent the interests of data subjects. 
(6) Schedule 2 to this Act shall have effect in relation to the 
Registrar and the Tribunal. 
PART II 
REGISTRATION AND SUPERVISION OF DATA USERS AND COMPUTER 
BUREAUX 
Registration 
4.-0) The Registrar shall maintain a register of data users 
who hold, and of persons carrying on computer bureaux who pro­
vide services in respect of, personal data and shall make an entry 
in the register in pursuance of each application for registration 
accepted by him under this Part of this Act. 
(2) Each entry shall state whether it is in respect of a data 
user, of a person carrying on a computer bureau or of a data 
user who also carries on such a bureau. 
(3) Subject to the provisions of this section. an entry in 
respect of a data user shall consist of the following particulars-
(a) the name and address of the data user; 
(b) a description of the personal data to be held by him 
and of the purpose or purposes for which the data 
are to be held or used; 
(c) a description of the source or sources from which he 
intends or may wish to obtain the data or the infor­
mation to be contained in the data ; 
(d) a description of any person or persons to whom he 
intends or may wish to disclose the data ; 
(e) the names or a description of any countries or terri­
tories outside the United Kingdom to which he intends 
or may wish directly or indirectly to transfer the data ; 
and 
(j) one or more addresses for the receipt of requests from 
data subjects for access to the data. IP/N/lIGBRlU/l 
Page 8 
Data Protection Act 1984 c.35 
(4) Subject to the provisions of this section, an entry in respect PART II 
of a person carrying on a computer bureau shall consist of that 
person's name and address. 
(5) Subject to the provisions of this section, an entry in respect 
of a data user who also carries on a computer bureau shall con­
sist of his name and address and, as respects the personal data to 
be held by him, the particulars specified in subsection (3)(b) to 
(f) above. 
(6) In the case of a registered company the address referred to 
in subsections (3)(a), (4) and (5) above is that of its registered 
office, and the particulars to be included in the entry shall 
include the company's number in the register of companies. 
(7) In the case of a person (other than a registered company) 
carrying on a business the address referred to in subsections 
(3)(a), (4) and (5) above is that of his principal place of business. 
(8) The Secretary of State may by order vary the particulars to 
be included in entries made in the register. 
5.-( 1) A person shall not hold personal data unless an entry Prohi~ition of 
in respect of that person as a data user, or as a data user who hunlrde~lstered 
1· b' f h . b' . d 0 mg etc a so carrIes on a computer ureau, IS or t e hme elng contalne of personal· 
in the register. data. 
(2) A person in respect of whom such an entry is contained in 
the register shall not-
(a) hold personal data of any description other than that 
specified in the entry ; 
(b) hold any such data, or use any such data held by him, 
for any purpose other than the purpose or purposes 
described in the entry; 
(c) obtain such data, or information to be contained in such 
data, to be held by him from any source which is not 
described in the entry; 
(d) disclose such data held by him to any person who is not 
described in the entry; or 
(e) directly or indirectly transfer such data held by him to 
any country or territory outside the United Kingdom 
other than one named or described in the entry. 
(3) A servant or agent of a person to whom subsection (2) 
above applies shaH, as respects personal data held by that per­
son, be subject to the same restrictions on the use, disclosure or 
transfer of the data as those to which that person is subject under 
paragraphs (b), (d) and (e) of that subsection and, as respects 
personal data to be held by that person, to the same restrictions 
as those to which he is subject under paragraph (c) of that sub­
section. PART IT 
Applications 
for 
registration 
and for 
amendment of 
registered 
particulars. c.35 . Data Protection Act 1984 IP/N/1/GBRlU/l 
Page 9 
(4) A person shall not, in carrying on a computer bureau, 
provide services in respect of personal da ta unless an entry in 
respect of that person as a person carrying on such a bureau, or 
as a data user who also carries on such a bureau, is for the 
time being contained in the register. 
(5) Any person who contravenes subsection (1) above or 
knowingly or recklessly contravenes any of the other provisions 
of this section shall be guilty of an offence. 
6.-0) A person applying for registration shall state whether 
he wishes to be registered as a data user. as a person carrying 
on a computer bureau or as a data user who also carries on such 
a bureau, and shall furnish the Registrar, in such form as be may 
require, with the particulars required to be included in the entry 
to be made in pursuance of the application. 
(2) Where a person intends to hold personal data for two 
or more purposes he may make separate applications for reg­
istration in respect of any of those purposes. 
(3) A registered person may at any time apply to the Registrar 
for the alteration of any particulars included in the entry or 
entries relating to that person. 
(4) Where the alteration would consist of the addition of a 
purpose for which personal data are to be held, the person may, 
instead of making an application under subsection (3) above. 
make a fresh application for registration in respect of the ad­
ditional purpose. 
(5) A registered person shall make an application under sub­
section (3) above whenever necessary for ensuring that the entry 
or entries relating to that person contain his current address ; 
and any person who fails to comply with this subsection shall 
be guilty of an offence. 
(6) Any person who, in connection with an application for 
registration or for the alteration of registered particulars, know­
ingly or recklessly furnishes the Registrar with information 
which is false or misleading in a material respect shall be guilty 
of an offence. 
(7) Every application for registration shall be accompanied by 
the prescribed fee, and every application for the alteration of 
registered particulars shall be accompanied by such fee, if any, as 
may be prescribed. 
(8) Any application for registration or for the alteration of 
registered particulars may be withdrawn by notice in writing 
to the Registrar at any time before the applicant receives a noti­
fication in respect of the application under section 7(1) below. IP/N/lIGBRlU/l 
Page 10 
Data Protection Act 1984 c.35 
7.-0) Subject to the provisions of this section. the Registrar PART II 
shall as soon as practicable and in any case within the period Acceptance 
of six months after receiving an application for registration or and ~efu.sal of 
for the alteration of registered particulars notify the applicant apphcatlOns. 
in writing whether his application has been accepted or refused; 
and where the Registrar notifies an applicant that his applica-
tion has been accepted the notification shall contain a statement 
of-
(a) the particulars entered in the register, or the alteration 
made, in pursuance of the application; and 
(b) the date on which the particulars were entered or the 
alteration was made. 
(2) The Registrar shall not refuse an application made in 
accordance with section 6 above unless-
(a) he considers that the particulars proposed for registra­
tion or, as the case may be, the particulars that would 
result from the proposed alteration, will not give suffic­
ient information as to the matters to which they relate; 
or 
(b) he is satisfied that the applicant is likely to contravene 
any of the data protection principles; or 
(c) he considers that the information available to him j<) 
insufficient to satisfy him that the applicant is unlikely 
to contravene any of those principles. 
(3) Subsection (2)(a) above shall not be construed as preclu­
ding the acceptance by the Registrar of particulars expressed in 
general terms in cases where that is appropriate, and the Regis­
trar shall accept particulars expressed in such terms in any case 
in which he is satisfied that more specific particulars would be 
likely to prejudice the purpose or purposes for which the data 
are to be held. 
(4) Where the Registrar refuses an application under this 
section he shall give his reasons and infonn the applicant of the 
rights of appeal conferred by section 13 below. 
(5) If in any case it appears to the Registrar that an applica­
tion needs more consideration than can be given to it in the 
period mentioned in subsection (1) above he shall as soon as 
practicable and in any case before the end of that period notify 
the applicant in writing to that effect; and in that event no noti­
fication need be given under that subsection until after the end 
of tha t peri od. 
(6) Subject to subsection (8) below, a person who has made an 
application in accordance with section 6 above shall-
(a) until he receives a notification in respect of it under sub­
section (1) above or the application is withdrawn; 
and PART II c.35 Data Protection Act 1984 IP/NIlIGBRlUI 1 
Page 11 
(b) if he receives a notification under that subsection of the 
refusal of his application, until the end of the period 
within which an appeal can be brought against the re­
fusal and, if an appeal is brought, until the deterrnina· 
tion or withdrawal of the appeal, 
be treated for the purposes of section 5 above as if his applica­
tion had been accepted and the particulars contained in it had 
been entered in the register or, as the case may be, the alteration 
requested in the application had been made on the date on 
which the application was made. 
(7) If by reason of special circumstances the Registrar con­
siders that a refusal notified by him to an applicant under sub­
section (1) above should take effect as a matter of urgency he 
may include a statement to that effect in the notification of the 
refusal; and in that event subsection (6)(b) above shall have 
effect as if for the words from " the period " onwards there were 
substituted the words" the period of seven days beginning with 
the date on which that notification is received ". 
(8) Subsection (6) above shall not apply to an application 
made by any person if in the previous two years-
(a) an application by that person has been refused under 
this section; or 
(b) all or any of the particulars constituting an entry con­
tained in the register in respect of that person have 
been removed in pursuance of a de-registration notice; 
but in the case of any such application subsection (1) above shall 
apply as if for the reference to six months there were substituted 
a reference to two months and, where the Registrar gives a noti­
fication under subsection (5) above in respect of any such appli­
cation, subsection (6) above shall apply to it as if for the reference 
to the date on which the application was made there were sub­
stituted a reference to the date on which that notification is 
received. 
(9) For the purposes of subsection (6) above an application 
shall be treated as made or withdrawn-
(a) if the application or notice of withdrawal is sent by 
registered post or the recorded delivery service, on the 
date on which it is received for dispatch by the Post 
Office; 
(b) in any other case, on the date on which it is received 
by the Registrar ; 
and for the purposes of subsection (8)(a) above an application 
shall not be treated as having been refused so long as an appeal 
against the refusal can be brought, while such an appeal is 
pending or if such an appeal has been allowed. IP/N/1/GBRlU/l 
Page 12 
Data Protection Act 1984 c.35 
8.-0) No entry shall be retained in the register after the PART 11 
expiration of the initial period of registration except in pur-Duration and 
suance of a renewal application made to the Registrar in ren~wal ~f 
accordance with this section. registratIOn. 
(2) Subject to subsection (3) below, the initial period of regis· 
tration and the period for which an entry is to be retained in 
pursuance of a renewal application (" the renewal period ") 'shall 
be such period (not being less than three years) as may be pre­
scribed beginning with the date on which the entry in question 
was made or, as the case may be, the date on which that entry 
would fall to be removed if the renewal application had not been 
made. 
(3) The person making an application for registration or a re­
newal application may in his application specify as the initial 
period of registration or, as the case may be, as the renewal 
period, a period shorter than that prescribed, being a period con­
sisting of one or more complete years. 
(4) Where the Registrar notifies an applicant for registration 
that his application has been accepted the notification shall in­
clude a statement of the date when the initial period of registra­
tion win expire. 
(5) Every renewal application shall be accompanied by the 
prescribed fee, and no such application shall be made except in 
the period of six months ending with the expiration of-
(a) the initial period of registration; or 
(b) if there have been one or more previous renewal appli­
cations, the current renewal period. 
(6) Any renewal application may be sent by post. and the 
Registrar shall acknowledge its receipt and notify the applicant 
in writing of the date until which the entry in question will be 
retained in the register in pursuance of the application. 
(7) Without prejudice to the foregoing provisions of this sec­
tion, the Registrar may at any time remove an entry from the 
register at the request of the person to whom the entry relates. 
9.-( 1) The Registrar shall provide facilities for making the Inspe:tion etc. 
information contained in the entries in the register available for Ofr~glSiered 
inspection (in visible and legible form) by members of the par (eu ars. 
public at all reasonable hours and free of charge. 
(2) The Registrar shall, on payment of such fee, if any. as may 
be prescribed, supply any member of the public with a duly 
certified copy in writing of the particulars contained in the entry 
made in the register in pursuance of any application for registra­
tioD. c.35 Data Protection Act 1984 IP/N/lIGBRlU/1 
Page 13 
PART 11 Supervision 
Enforcement 10.-(1) If the Registrar is satisfied that a registered person 
notices. has contravened or is contravening any of the data protection 
principles he may serve him with a notice (U an enforcement 
notice ") requiring him to take, within such time as is specified 
in the notice, such steps as are so specified for complying with 
the principle or principles in question. 
(2) In deciding whether to serve an enforcement notice the 
Registrar shall consider whether the contravention has caused or 
is likely to cause any person damage or distress. 
(3) An enforcement notice in respect of a contravention of 
the fifth data protection principle may require the data user-
(a) to rectify or erase the data and any other data held by 
him and containing an expression of opinion which 
appears to the Registrar to be based on the inaccurate 
data; or 
(b) in the case of such data as are mentioned in subsection 
(2) of section 22 below, either to take the steps men­
tioned in paragraph (a) above or to take such steps as 
are specified in the notice for securing compliance with 
the requirements specified in that subsection and. if 
the Registrar thinks fit. for supplementing the data with 
such statement of the true facts relating to the matters 
dealt with by the data as the Registrar may approve. 
(4) The Registrar shall not serve an enforcement notice requir­
ing the person served with the notice to take steps for comply­
ing with paragraph (a) of the seventh data protection principle in 
respect of any data subject unless satisfied that the person has 
contravened section 21 below by failing to supply information 
to which the data subject is entitled and which has been duly 
requested in accordance with that section. 
(5) An enforcement notice shall contain-
(a) a statement of the principle or principles which the 
Registrar is satisfied have been or are being contra­
vened and his reasons for reaching that conclusion; 
and 
(b) particulars of the rights of appeal conferred by section 
13 below. 
(6) Subject to subsection (7) below, the time specified in an 
enforcement notice for taking the steps which it requires shall 
not expire before the end of the period within which an appeal 
can be brought against the notice and. if such an appeal is 
brought, those steps need not be taken pending the determination 
or withdrawal of the appeal. IP/N/1/GBRlU/1 
Page 14 
Data Protection Act 1984 c.35 
(7) If by reason of special circumstances the Registrar con.. PART II 
siders that the steps required by an enforcement notice should 
be taken as a matter of urgency he may include a statement to 
that effect in the notice; and in that event subsection (6) above 
shall not apply but the notice shall not require the steps to be 
taken before the end of the period of seven days beginning with 
the date on which the notice is served. 
(8) The Registrar may cancel an enforcement notice by written 
notification to the person on whom it was served. 
(9) Any person who fails to comply with an enforcement notice 
shall be guilty of an offence; but it shall be a defence for a 
person" charged with an offence under this subsection to prove 
that he exercised all due diligence to comply with the notice in 
question. 
11.-(1) If the Registrar is satisfied that a registered person De-
has contravened or is contravening any of the data protection regi.stration 
principles he may- notlces. 
(a) serve him with a notice (" a de-registration notice ") stat­
ing that he proposes. at the expiration of such period 
as is specified in the notice. to remove from the register 
all or any of the particulars constituting the entry or 
any of the entries contained in the register in respect 
of that person ; and 
(b) subject to the provisions of this section. remove those 
particulars from the register at the expiration of that 
period. 
(2) In deciding whether to serve a de-rcgi~tration notice the 
Registrar shall consider whether the contravention has caused 
or is likely to cause any person damage or distress. and the Regis.. 
trar shall not serve such a notice unless he is satisfied that com­
pliance with the principle or principles in question cannot be 
adequately secured by the service of an enforcement notice. 
(3) A de-registration notice shall contain-
(a) a statement of the principle or principles which the 
Registrar is satisfied have been or are being con~ 
travened and his reasons for reaching that conclu­
sion and deciding that compliance cannot be ade­
quately secured by the service of an enforcen1ent notice; 
and 
(b) particulars of the rights of appeal conferred by section 
13 below. 
(4) Subject to subsection (5) below. the period specified in a 
de-registration notice pursuant to subsection (l)(a) above shall 
not expire before the end of the period within which an appeaJ PART 11 
Transfer 
prohibition 
notices. c.35 Data Protection Act 1984 IP/NIlIGBRlUI 1 
Page 15 
can be brought 'against the notice and, if such an appeal is 
brought, the particulars shall not be removed pending the deter­
mination or withdrawal of the appeal. 
(5) If by reason of special circumstances the Registrar con­
siders that any particulars should be removed from the register 
as a matter of urgency he may include a statement to that effect 
in the de-registration notice; and in that event subsection (4) 
above shall not apply but the particulars shall not be removed 
before the end of the period of seven days beginning with the 
date on which the notice is served. 
(6) The Registrar may cancel a de-registration notice by written 
notification to the person on whom it was served. 
(7) References in this section to removing any particulars 
include references to restricting any description which forms 
part of any particulars. 
12.-(1) If it appears to the Registrar that-
(a) a person registered as a data user or as a data user who 
also carries on a computer bureau; or 
(b) a person treated as so registered by virtue of section 
7(6) above, 
proposes to transfer personal data held by him to a place outside 
the United Kingdom, the Registrar may, if satisfied as to the 
matters mentioned in subsection (2) or (3) below, serve that 
person with a notice (" a transfer prohibition notice ") prohibit­
ing him from transferring the data either absolutely or until he 
has taken such steps as are· specified in the notice for protecting 
the interests of the data subjects in question. 
(2) Where the place to which the data are to be transferred 
is not in a State bound by the European Convention the Regis­
trar must be satisfied that the transfer is likely to contravene. 
or lead to a contravention of, any of the data protection prin­
ciples. 
(3) Where the place to which the data are to be transferred is 
in a State bound by the European Convention the Registrar 
must be satisfied either-
(a) that-
(i) the person in question intends to give instruc­
tions for the further transfer of the data to a place 
which is not in such a State; and 
(ii) that the further transfer is likely to contravene, 
or lead to a contravention of, any of the data pro­
tection principles; or 
(b) in the case of data to which an order under section 2(3) 
above applies, that the transfer is likely to contravene IP/N/1/GBRlU/1 
Page 16 
Data Protection Act 1984 c.3S 
or lead to a contravention of. any of the data protec- PART IT 
tion principles as they have effect in relation to such 
data. 
(4) In deciding whether to serve a transfer prohibition notice 
tho Registrar shall consider whether the notice is required for 
preventing damage or distress to any person and shall have 
regard to the general desirability of facilitating the free transfer 
of data between the United Kingdom and other states andterri­
tories. 
(5) A transfer prohibition notice shall specify the time when it 
is to take effect and contain-
(a) a statement of the principle or principles which the 
Registrar is satisfied are likely to be contravened and 
his reasons for reaching that conclusion; and 
(b) particulars of the rights of appeal conferred by section 
13 below. 
(6) Subject to subsection (7) below, the time specified in a 
transfer prohibition notice pursuant to subsection (5) above 
shall not be before the end of the period within which an appeal 
can be brought against the notice and, if such an appeal is 
brought, the notice shall not take effect pending the determina­
tion or withdrawal of the appeal. 
(7) If by reason of special circumstances the Registrar con­
siders that tho prohibition should take effect as a matter of 
urgency he may include a statement to that effect in the transfer 
prohibition notice; and in that event subsection (6) above shaH 
not apply but the notice shall not take effect before the end of 
the period of seven days beginning with the date on which the 
notice is served. 
(8) The Registrar may cancel a transfer prohibition notice 
by written notification to the person on whom it was served. 
(9) No transfer prohibition notice shall prohibit the transfer 
of any data where the transfer of the information constituting 
the data is required or authorised by or under any enactment 
or required by any convention or other instrument imposing an 
international obligation on the United Kingdom. 
(10) Any person who contravenes a transfer prohibition notice 
shall be guilty of an offence; but it shall be a defence for a 
person charged with an offence under this subsection to prove 
that he exercised all due diligence to avoid a contravention of 
the notice in question. 
(11) For the purposes of this section a place shall be treated 
as in a State bOWld by the European Convention if it is in any 
territory in respect of which the State is bound. PART 11 
Rights of 
appeal. c.3S Data Protection Act 1984 
Appeals IP/NI 1 IGBRlUI 1 
Page 17 
13.-0) A person may appeal to the Tribunal against-
(a) any refusal by the Registrar of an application by that 
person for registration or for the alteration of regi­
stered particulars ; 
(b) any enforcement notice, de-registration notice or transfer 
prohibition notice with which that person has been 
served. 
(2) Where a notification that an application has been refused 
contains a statement by the Registrar in accordance with section 
7(7) above, then, whether or not the applicant appeals under 
paragraph (a) of subsection (1) above, he may appeal against the 
Registrar's decision to include that statement in the notification. 
(3) Where any such notice as is mentioned in paragraph 
(b) of subsection (1) above contains a statement by the Registrar 
in accordance with section 10(7), 11 (5) or 12(7) above, then, 
whether or not the person served with the notice appeals under 
that paragraph, he may appeal against the Registrar's decision 
to include that statement in the notice or against the effect of 
the inclusion of the statement as respects any part of the notice. 
(4) Schedule 3 to this Act shall have effect in relation to 
appeals under this section and to the proceedings of the Tribunal 
in respect of any such appeal. 
Determination 14.-0) If on an appeal under section 13(1) above the 
of appeals. Tribunal considers-
(a) that the refusal or notice against which the appeal is 
brought is not in accordance with the law; or 
(b) to the extent that the refusal or notice involved an 
exercise of discretion by the Registrar, that he ought to 
have exercised his discretion differently. 
the Tribunal shall allow the appeal or substitute such other 
decision or notice as could have been made or served by the 
Registrar; and in any other case the Tribunal shall dismiss the 
appeal. 
(2) The Tribunal may review any detennination of fact on 
which the refusal or notice in question was based. 
(3) On an appeal under subsection (2) of section 13 above 
the Tribunal may direct that the notification of the refusal shall 
be treated as if it did not contain any such statement as is 
mentioned in that subsection. 
(4) On an appeal under subsection (3) of section 13 above the 
Tribunal may direct that the notice in question shall have 
effect as if it did not contain any such statement as is mentioned 
in that subsection or that the inclusion of the statement shall IP/N/1/GBRlU/I 
Page 18 
Data Protection Act 1984 c.35 
not have effect in relation to any part of the notice and may PART II 
make such modifications in the notice as may be required for 
giving effect 'to the direction. 
(5) Any party to an appeal to the Tribunal may appeal from 
the decision of the Tribunal on a point of law to the appropriate 
court; and that court shall be-
(a) the High Court of Justice in England if the address of 
the person who was the appellant before the Tribunal 
is in England or Wales; 
(b) the Court of Session if that address is in Scotland; 
and 
(C) the High Court of Justice in Northern Ireland if that 
address is in Northern Ireland. 
(6) In subsection (5) above references to the address of the 
appellant before the Tribunal are to his address as included 
or proposed for inclusion in the register. 
Miscellaneous and supplementary 
15.-(1) Personal data in respect of which services are pro- ~nauthorised 
vided by a person carrying on a computer bureau shall not be disclosure by 
di I d b h· . h th . th' f th f computer sc ose y ~ Wlt out ~ pnor au onty 0 e person or bureau. 
whom those servIces are prOVIded. 
(2) Subsection (1) above applies also to any servant or agent of 
a person carrying on a computer bureau. 
(3) Any person who knowingly or recklessly contravenes this 
section shall be guilty of an offence. 
16. Schedule 4 to this Act shall have effect for the detection PO\vers of 
of offences under this Act and contraventions of the data ~ntry ~~d 
protection principles. mspec Ion. 
17.-(1) No enactment or rule of law prohibiting or restricting Disclosure of 
the disclosure of information shall preclude a person from fum-information. 
ishing the Registrar or the Tribunal with any information 
necessary for the discharge of their functions under this Act. 
(2) For the purposes of section 2 of the Official Secrets Act 1911 c. 28. 
1911 (wrongful communication of information)-
(a) the Registrar and his officers and servants ; 
(b) the members of the Tribunal; and 
(c) any officers or servants of the Tribunal who are not 
in the service of the Crown, 
shall be deemed to hold office under Her Majesty. 
(3) The said section 2 shall not be construed as precluding 
the disclosure of information by any person mentioned in sub-c.3S . Data Protection Act 1984 IP/N/1/GBRlU/1 
Page 19 
PART II section (2)(a) or (b) above or by any officer or servant of the 
Tribunal where the disclosure is made for the purpose of dis­
charging his duties under this Act or for the purpose of proceed­
ings under or arising out of this Act, including proceedings 
before the Tribunal. 
Service of 18.-0) Any notice or notification authorised or required by 
notices. this Act to be served on or given to any person by the Registrar 
may-
(a) if that person is an individual. be served on him­
(i) by delivering it to him ; or 
(iD by sending it to him by post addressed to him 
at ills usual or last-known place of residence or 
business; or 
(iii) by leaving it for him at that place ; 
(b) if that person is a body corporate or unincorporate. be 
served on th.at body-
(i) by sending it by post to the proper officer of 
the body at its principal office; or 
(iD by addressing it to the proper officer of the 
body and leaving it at that office. 
(2) In subsection (l)(b) above" principal office ", in relation 
to a registered company, means its registered office and " proper 
officer ", in relation to any body, means the secretary or other 
executive officer charged with the conduct of its general affairs. 
(3) This section is without prejudice to any other lawful 
method of serving or giving a notice or notification. 
Prosecutions 19.-(1) No proceedings for an offence under this Act shall 
and penalties. be instituted-
1982 c. 48. (a) in England or Wales except by the Registrar or by or 
with the consent of the Director of Public Prosecu­
tions ; 
(b) in Northern Ireland except by the Registrar or by or 
with the consent of the Director of Public Prosecu­
tions for Northern Ireland. 
(2) A person guilty of an offence under any provision of this 
Act other than section 6 or paragraph 12 of Schedule 4 shall 
be liable-
(a) on conviction on indictment, to a fine; or 
(b) on summary conviction. to a fine not exceeding the 
statutory maximum (as defined in section 74 of the 
Criminal Justice Act 1982). IP/N/1/GBRlU/l 
Page 20 
Data Protection Act 1984 c.35 
. (3) A person guilty of an offence under section 6 above or the PART II 
said paragraph 12 shall be liable on summary' conviction to a 
fine not exceeding the fifth level on the standard scale (as defined 
in section 75 of the said Act of 1982) . 
. (4) Subject to subsection (5) below, the court by or before 
which a person is convicted of an offence under section 5; 10, 
12 or IS above may order any data material appearing to the 
court to be connected with the commission of the offence to be 
forfeited, destroyed or erased. 
(5) The court shall not make an order under subsection (4) 
above in relation to any material where a person (other than the 
offender) claiming to be the owner or otherwise interested in it 
applies to be heard by the court unless an opportunity is given 
to him to show cause why the order should not be made. 
20.-(1) Where an offence under this Act has been com-Liability of 
mitted by a body corporate and is proved to have been com-directors etc. 
mitted with the consent or connivance of or to be attributable 
to any neglect on the part of any director, manager, secretary or 
similar officer of the body corporate or any person who was pur-
porting to act in any such capacity, he as well as the body cor-
porate shall be guilty of that offence and be liable to be pro-
ceeded against and punished accordingly. 
(2) Where the affairs of a body corporate are managed by 
its members subsection (1) above shall apply in relation to the 
acts and defaults of a member in connection with his functions 
of management as if he were a director of the body corporate .. 
PART III 
RIGHTS OF DATA SUBJECTS 
21.-0) Subject to the provisions of this section, an indi-Right of 
vidual shall be entitled- access to personal data. 
(a) to be informed by any data user whether the data 
held by him include personal data of which that indi-
vidual is the data subject; and 
(b) to be supplied by any data user with a copy of the in­
formation constituting any such personal data held 
by him ; 
and where any of the information referred to in paragraph (b) 
above is expressed in terms which are not intelligible without 
explanation the information shall be accompanied by an explana­
tion of those terms. 
(2) A data user shall not be obliged to supply any informa­
tion under subsection (1) above except in response to a request c.35 Data Protection Act 1984 IP/N/1/GBRlU/1 
Page 21 
PART IH in writing and on payment of such fee (not exceeding the pre­
scribed maximum) as he may require; but a request for informa­
tion under both paragraphs of that subsection shall be treated 
as a single request and a request for information under para­
graph (a) shall, in the absence of any indication to the contrary, 
be treated as extending also to information under paragraph 
(b). 
(3) In the case of a data user having separate entries in the 
register in respect of data held for different purposes a separate 
request must be made and a separate fee paid under this section 
in respect of the data to which each entry relates. 
(4) A data user shall not be obliged to comply with a request 
under this section-
(a) unless he is supplied with such information as he may 
reasonably require in order to satisfy himself as to the 
identity of the person making the request and to locate 
the information which he seeks; and 
(b) if he cannot comply with the request without disclosing 
information relating to another individual who can be 
identified from that information, unless he is satisfied 
that the other individual has consented to the disclosure 
of the information to the person making the request. 
(5) In paragraph (b) of subsection (4) above the reference to 
information relating to another individual includes a reference 
to information identifying that individual as the source of the 
information sought by the request; and that paragraph shall 
not be construed as excusing a data user from supplying so 
much of the information sought by the request as can be 
supplied without disclosing the identity of the other individual 
concerned, whether by the omission of names or other identify­
ing particulars or otherwise. 
(6) A data user shall comply with a request under this sec­
tion within forty days of receiving the request or. if later. re­
ceiving the information referred to in paragraph (a) of subsection 
(4) above and, in a case where it is required. the consent referred 
to in paragraph (b) of that subsection. 
(7) The information to be supplied pursuant to a requt=st 
under this section shall be supplied by reference to the data in 
question at the time when the request is received except that it 
may take account of any amendment or deletion made between 
that time and the time when the information is supplied, being 
an amendment or deletion that would have been made regard­
less of the receipt of the request. 
(8) If a court is satisfied on the application of any person who 
has made a request under the foregoing provisions of this section IP/N/1/GBRlU/l 
Page 22 
Data Protection Act 1984 c.35 
that the data user in question has failed to comply with the PART III 
request in contravention of those provisions. the court may 
order him to comply with the request; but a court shall not 
make an order under this subsection if it considers that it would 
in all the circumstances be unreasonable to do so, whether be-
cause of the frequency with which the applicant has made re-
quests to the data user under those provisions or for any other 
reason. 
(9) The Secretary of State may by order provide for enabling 
a request under this section to be made on behalf of any indi­
vidual who is incapable by reason of mental disorder of manag­
ing his own affairs. 
22.-0) An individual who is the subject of personal data Compensation 
held by a data user and who suffers damage by reason of the !or 
inaccuracy of the data shall be entitled to compensation frommaccuracy. 
the data user for that damage and for any distress which the 
individual has suffered by reason of the inaccuracy. 
(2) In the case of data which accurately record information 
received or obtained by the data user from the data subject or a 
third party, subsection 0) above does not apply if the following 
requirements have been complied with-
(a) the data indicate that the information was received or 
obtained as aforesaid or the information has not been 
extracted from the data except in a form which includes 
an indication to that effect; and 
(b) if the data subject has notified the data user that he 
regards the information as incorrect or misleading, an 
indication to that effect has been included in the data 
or the information has not been extracted from the data 
except in a form which includes an indication to that 
effect. 
(3) In proceedings brought against any person by virtue of this 
section it shall be a defence to prove that he had taken such 
care as in all the circumstances was reasonably required to en­
sure the accuracy of the data at the material time. 
(4) Data are inaccurate for the purposes of this section if 
incorrect or misleading as to any matter of fact. 
23.-(1) An individual who is the subject of personal data Compensation 
held by a data user or in respect of which services are provided for loss o~ 
by a person carrying on a computer bureau and who suffers lI~authonsed 
damage by reason of- dIsclosure. 
(a) the loss of the data ; 
(b) the destruction of the data without the authority of the 
data user or, as the case may be. of the person carry­
ing on the bureau; or c.35 Data Protection Act 1984 IP/NI1/GBRlUI 1 
Page 23 
PART III (c) subject to subsection (2) below, the disclosure of the 
data, or access having been obtained to the data, with­
out such authority as aforesaid, 
shall be entitled to compensatibn from the data user or, as the 
case may be, the person carrying on the bureau for that damage 
and for any distress which the individual has suffered by reason 
of the loss, destruction, disclosure or access. 
(2) In the case of a registered data user, subsection (l)(c) 
above does not apply to disclosure to, or access by, any person 
falling within a description specified pursuant to section 4(3)(d) 
above in an entry in the register relating to that data user. 
(3) In proceedings brought against any person by virtue of 
this section it shall be a defence to prove that he had taken 
such care as in all the circumstances was reasonably required 
to prevent the loss, destruction, disclosure or access in question. 
Rectification 24.-(1) If a court is satisfied on the application of a data 
and erasure. subject that personal data held by a data user of which the appli­
cant is the subject are inaccurate within the meaning of section 
22 above, the court may order the rectification or erasure of the 
data and of any data held by the data user and containing an 
expression of opinion which appears to the court to be based 
on the inaccurate data. 
(2) Subsection (1) above applies whether or not the data 
accurately record information received or obtained by the data 
user from the data subject or a third party but where the data 
accurately record such information, then-
(a) if the requirements mentioned in section 22(2) above 
have been complied with, the court may, instead of 
making an order under subsection (1) above, make an 
order requiring the data to be supplemented by such 
statement of the true facts relating to the matters dealt 
with by the data as the court may approve; and 
(b) if all or any of those requirements have not been com­
plied with, the court may, instead of making an order 
under that subsection, make such order as it thinks fit 
for securing compliance with those requirements with 
or without a further order requiring the data to be 
supplemented by such a statement as is mentioned in 
paragraph (a) above. 
(3) If a court is satisfied on the application of a data subject-
(a) that he has suffered damage by reason of the disclosure 
of personal data, or of access having been obtained to 
personal data. in circumstances entitling him to corn· 
pensation under section 23 above; and IP/NIl/GBRlUI 1 
Page 24 
Data -Protection Act 1984 c.3S 
(b) that there is a substantial risk of further disclosure of PART III 
or access to the data without such authority as is men-
tioned in that section. 
the court may order the erasure of the data; but, in the case of 
data in respect of which services were being provided by a person 
carrying on a computer bureau. the court shall not make such an 
order unless such steps as are reasonably practicable have been 
taken for notifying the person for whom those services were pro­
vided and giving him an opportunity to be heard. 
25.-(1) The jurisdiction conferred by sections 21 and 24 Jurisdiction 
above shall be exercisable by the High Court or a county court and procedure. 
or, in Scotland, by the Court of Session or the sheriff. 
(2) For the purpose of determining any question whether an 
applicant under subsection (8) of section 21 above is entitled 
to the information which he seeks (including any question 
whether any relevant data are exempt from that section by 
virtue of Part IV of this Act) a court may require the informa­
tion constituting any data held by the data user to be made 
available for its own inspection but shall not, pending the deter­
mination of that question in the applicant's favour. require the 
information sought by the applicant to be disclosed to him or his 
representatives whether by discovery (or, in Scotland, recovery) 
or otherwise. 
PART IV 
EXEMPTIONS 
26.-{ 1) References in any provision of Part 11 or III of Preliminary 
this Act to personal data do not include references to data which 
by virtue of this Part of this Act are exempt from that pro-
vision. 
(2) In this Part of this Act "the subject access provisions" 
means-
(a) section 21 above; and 
(b) any provision of Part II of this Act conferring a power 
on the Registrar to the extent to which it is exercisable 
by reference to paragraph (a) of the seventh data pro­
tection principle. 
(3) In this Part of this Act" the non-disclosure provisions" 
means-
(a) sections 5(2)(d) and 15 above; and 
(b) any provision of Part 11 of this Act conferring a power 
on the Registrar to the extent to which it is exercisable 
by reference to any data protection principle inconsis­
tent with the disclosure in question. c.35 Data Protection Act 1984 IP/N/1/GBRlU/l 
Page 25 
PART IV (4) Except as provided by this Part of this Act the subject 
access provisions shall apply notwithstanding any enactment or 
rule of law prohibiting or restricting the disclosure, or authoris­
ing the withholding, of information. 
National 27.-0) Personal data are exempt from the provisions of 
security. Part 11 of this Act and of sections 21 to 24 above if the exemp­
tion is required for the purpose of safeguarding national security. 
Crime and 
taxation. (2) Any question whether the exemption mentioned in sub­
section 0) above is or at any time was required for the purpose 
there mentioned in respect of any personal data shall be deter· 
mined by a Minister of the Crown; and a certificate signed by a 
Minister of the Crown certifying that the exemption is or at any 
time was so required shall be conclusive evidence of that fact. 
(3) Personal data which are not exempt under subsection (1) 
above are exempt from the non-disclosure provisions in any case 
in which the disclosure of the data is for the purpose of safe­
guarding national security. 
(4) For the purposes of subsection (3) above a certificate 
signed by a Minister of the Crown certifying that personal data 
are or have been disclosed for the purpose mentioned in that 
subsection shall iJe conclusive evidence of that fact. 
(5) A document purporting to be such a certificate as is 
mentioned in this section shall be received in evidence and 
deemed to be such a certificate unless the contrary is proved. 
(6) The powers conferred by this section on a Minister of the 
Crown shall not be exercisable except by a Minister who is a 
member of the Cabinet or by the Attorney General or the Lord 
Advocate. 
28.-0) Personal data held for any of the following pur-
poses-
(a) the prevention or detection of crime; 
(b) the apprehension or prosecution of offenders; or 
(c) the assessment or collection of any tax or duty. 
are exempt from the subject access provisions in any case in 
which the application of those provisions to the data would be 
likely to prejudice any of the matters mentioned in this sub­
section. 
(2) Personal data which-
(a) are held for the purpose of discharging statutory func­
tions: and 
(b) consist of information obtained for such a purpose from 
a person who had it in his possession for any of the 
purposes mentioned in subsection (1) above, IP/NI1/GBRlUI 1 
Page 26 
Data Protection Act 1984 c.35 
are exempt from the subject access provisions to the same PART IV 
extent as personal data held for any of the purposes mentioned 
in that subsection. 
(3) Personal data are exempt from the non-disclosure pro­
visions in any case in which-
(a) the disclosure is for any of the purposes mentioned 
in subsection (1) above; and 
(b) the application of those provisions in relation to the 
disclosure would be likely to prejudice any of the 
matters mentioned in that subsection; 
and in proceedings against any person for contravening a pro­
vision 'mentioned in section 26(3)(a) above it shall be a defence 
to prove that he had reasonable grounds for believing that 
failure to make the disclosure in question would have been likely 
to prejudice any of those matters. 
(4) Personal data are exempt from the provisions of Part 11 
of this Act conferring powers on the Registrar. to the extent to 
which they are exercisable by reference to the first data pro­
tection principle. in any case in which the application of those 
provisions to the data would be likely to prejudice any of the 
matters mentioned in subsection (1) above. 
29.-(1) The Secretary of State may by order exempt from He~lth and 
the subject access provisions, or modify those provisions in social work. 
relation to, personal data consisting of infonnation as to the 
physical or mental health of the data subject. 
(2) The Secretary of State may by order exempt from the 
subject access provisions. or modify those provisions in relation 
to, personal data of such other descriptions as may be specified 
in the order. being information-
(a) held by government departments or local authorities or 
by voluntary organisations or other bodies designated 
by or under the order; and 
(b) appearing to him to be held for, or acquired in the 
course of. carrying out social work in relation to the 
data subject or other individuals; 
but the Secretary of State shall not under this subsection confer 
any exemption or make any modification except so far as he 
considers that the application to the data of those provisions (or 
of those provisions without modification) would be likely to pre­
judice the carrying out of social work. 
(3) An order under this section may make different provision 
in relation to data consisting of information of different descrip­
tions. PART IV 
Regulation of 
financial 
services etc. 
Judicial 
appointments 
and legal 
professional 
privilege. 
Payrolls and 
accounts. c.35 Data Protection Act 1984 IP/N/1/GBRlU/l 
Page 27 
30.-0) Personal data held for the purpose of discharging 
statutory functions to which this section applies are exempt from 
the subject access provisions in any case in which the application 
of those provisions to the data would be likely to prejudice the 
proper discharge of those functions. 
(2) This section applies to any functions designated for the 
purposes of this section by an order made by the Secretary of 
State. being functions conferred by or under any enactment 
appearing to him to be designed for protecting members of the 
public against financial loss due to dishonesty. incompetence 
or malpractice by persons concerned in the provision of banking. 
insurance. investment or other financial services or in the man­
agement of companies or to the conduct of discharged or un­
discharged bankrupts. 
31.-0) Personal data held by a government department are 
exempt from the subject access provisions if the data consist of 
information which has been received from a third party and is 
held as information relevant to the making of judicial appoint­
ments. 
(2) Personal data are exempt from the subject access pro­
visions if the data consist of information in respect of which a 
claim to legal professional privilege (or. in Scotland. to confiden­
tiality as between client and professional legal adviser) could be 
maintained in legal proceedings. 
32.-(1) Subject to subsection (2) below. personal data held 
by a data user only for one or more of the following purposes-
(a) calculating amounts payable by way of remuneration or 
pensions in respect of service in any employment or 
office or making payments of. or of sums deducted 
from, such remuneration or pensions; or 
(b) keeping accounts relating to any business or other activ­
ity carried on by the data user or keeping records of 
purchases, sales or other transactions for the purpose 
of ensuring that the requisite payments are made by or 
to him in respect of those transactions or for the pur­
pose of making financial or management forecasts to 
assist him in the conduct of any such business or 
activity. 
are exempt from the provisions of Part II of this Act and of 
sections 21 to 24 above. 
(2) It shall be a condition of the exemption of any data under 
this section that the data are not used for any purpose other 
than the purpose or purposes for which they are held and are 
not disclosed except as permitted by subsections (3) and (4) IP/N/1/GBRlU/l 
Page 28 
Data Protection Act 1984 c.35 
below ~ but the exemption shall not be lost by any use or dis- PART IV 
closure in breach of that condition if the data user shows that 
he had taken such care to prevent it as in all the circumstances 
was reasonably required. 
(3) Data held only for one or more of the purposes mentioned 
in subsection (l)(a) above may be disclosed-
(a) to any person, other than the data user, by whom the 
remuneration or pensions in question are payable; 
(b) for the purpose of obtaining actuarial advice; 
(c) for the purpose of giving information as to the persons 
in any employment or office for use in medical research 
into the health of. or injuries suffered by, persons en­
gaged in particular occupations or working in par­
ticular places or areas ; 
(d) if the data subject (or a person acting on his behalf) 
has requested or consented to the disclosure of the 
data either generally or in the circumstances in which 
the disclosure in question is made; or 
(e) if the person making the disclosure has reasonable 
grounds for believing that the disclosure falls within 
paragraph (d) above. 
(4) Data held for any of the purposes mentioned in subsec­
tion (1) above may be disclosed-
(a) for the purpose of audit or where the disclosure is for 
the purpose only of giving information about the data 
user's financial affairs ; or 
(b) in any case in which disclosure would be permitted by 
any other provision of this Part of this Act if subsec­
tion (2) above were included among the non­
disclosure provisions. 
(5) In this section" remuneration" includes remuneration III 
kind and " pensions" includes gratuities or similar benefits . 
. 33.-( 1) Personal data held by an individual and concerned Domestic 
only with the management of his personal, family or household ~r <?ther 
affairs or held by him only for recreational purposes are exempt IImlted 
from the provisions of Part 11 of this Act and of sections 2] purposes. 
to 24 above. 
(2) Subject to subsections (3) and (4) below-
(a) personal data held by an unincorporated members' club 
and relating only to the members of the club; and 
(b) personal data held by a data user only for the purpose 
. of distributing, or recording the distribution of, articles 
or information to the data subjects and consisting only c.35 Data Protection Act 1984 IP/NIlIGBRlUI 1 
Page 29 
PART IV of their names, addresses or other particulars necessary 
for effecting the distribution, 
are exempt from the provisions of Part 11 of this Act and of sec­
tions 21 to 24 above. 
(3) Neither paragraph (a) nor paragraph (b) of subsection (2) 
above applies to personal data relating to any data subject unless 
he has been asked by the club or data user whether he objects 
to the data relating to him being held as mentioned in that para­
graph and has not objected. 
(4) It shall be a condition of the exemption of any data 
under paragraph (b) of subsection (2) above that the data are not 
used for any purpose other than that for which they are held and 
of the exemption of any data under either paragraph of that 
subsection that the data are not disclosed except as permitted by 
subsection (5) below; but the first exemption shall not be lost by 
any use, and neither exemption shall be lost by any disclosure. 
in breach of that condition if the data user shows that he had 
taken such care to prevent it as in all the circumstances was 
reasonably required. 
(5) Data to which subsection (4) above applies may be dis. 
closed-
(a) if the data subject (or a person acting on his behalf) has 
requested or consented to the disclosure of the data 
either generally or in the circwnstances in which the 
disclosure in question is made; 
(b) if the person making the disclosure has reasonable 
grounds for believing that the disclosure falls within 
paragraph (a) above; or 
(c) in any case in which disclosure would be permitted by 
any other provision of this Part of this Act if subsection 
(4) above were included among the non-disclosure 
provisions. 
(6) Personal data held only for­
(a) preparing statistics; or 
(b) carrying out research, 
are exempt from the subject access provisions; but it shall be a 
condition of that exemption that the data are not used or dis­
closed for any other purpose and that the resulting statistics or 
the results of the research are not made available in a form 
which identifies the data subjects or any of them. 
Other 34.-0) Personal data held by any person are exempt from 
exemptions. the provisions of Part 11 of this Act and of sections 21 to 24 
above if the data consist of information which that person is 
required by or under any enactment to make available to the IP/N/1/GBRlU/l 
Page 30 
Data Protection Act 1984 c.3S 
public, whether by publishing it, making it available for inspec- PART IV 
tion or otherwise and whether gratuitously or on payment of a 
fee. 
(2) The Secretary of State may by order exempt from the 
subject access provisions personal data consisting of informa­
tion the disclosure of which is prohibited or restricted by or 
under any enactment if he considers that the prohibition or 
restriction ought to prevail over those provisions in the interests 
of the data subject or of any other individual. 
(3) Where all the personal data relating to a data subject 
held by a data user (or all such data in respect of which a data 
user has a separate entry in the register) consist of information in 
respect of which the data subject is entitled to make a request to 
the data user under section 158 of the Consumer Credit Act 1974 1974 c. 39. 
(files of credit reference agencies)-
(a) the data are exempt from the subject access provisions; 
and 
(b) any request in respect of the data under section 21 
above shall be treated for all purposes as if it were a 
request under the said section 158. 
(4) Personal data are exempt from the subject access pro­
visions if the data are kept only for the purpose of replacing 
other data in the event of the latter being lost, destroyed or im­
paired. 
(5) Personal data are exempt from the non-disclosure pro­
visions in any case in which the disclosure is-
(a) required by or under any enactment, by any rule of 
la w or by the order of a court ; or 
(b) made for the purpose of obtaining legal advice or for 
the purposes of, or in the course of, legal proceedings 
in which the person making the disclosure is a party 
or a witness. 
(6) Personal data are exempt from the non-disclosure provi­
sions in any case in which-
(a) the disclosure is to the data subject or a person acting 
on his behalf; or 
(b) the data subject or any such person has requested or 
consented to the particular disclosure in question; or 
(c) the disclosure is by a data user or a person carrying on 
a computer bureau to his servant or agent for the pur­
pose of enabling the servant or agent to perform his 
functions as such ; or 
(cl) the person making the disclosure has reasonable grounds 
for believing that the disclosure falls within any of 
the foregoing paragraphs of this subsection. c.3S Data Protection Act 1984 IP/NI1/GBRlUI 1 
Page 31 
PART IV (7) Section 4(3)(d) above does not apply to any disclosure 
Examina­
tion marks. falling within paragraph (a), (b) or (c) of subsection (6) above; 
and that subsection shall apply to the restriction on disclosure 
in section 33(6) above as it applies to the non-disclosure pro­
visions. 
(8) Personal data are exempt from the non-disclosure pro­
visions in any case in which the disclosure is ,urgently required 
for preventing injury or other damage to the health of any person 
or persons: and in proceedings against any person for contraven­
ing a provision mentioned in section 26(3)(a) above it shall be 
a defence to prove that he had reasonable grounds for believing 
that the disclosure in question was urgently required for that 
purpose. 
(9) A person need not comply with a notice, request or order 
under the subject access provisions if compliance would expose 
him to proceedings for any offence other than an offence under 
this Act; and information disclosed by any person in compliance 
with such a notice, request or order shall not be admissible 
against him in proceedings for an offence under this Act. 
35.-(1) Section 21 above shall have effect subject to the 
provisions of this section in the case of personal data consisting 
of marks or other information held by a data user-
(a) for the purpose of determining the results of an academic, 
professional or other examination or of enabling the 
results of any such examination to be determined; or 
(b) in consequence of the determination of any such results. 
(2) Where the period mentioned in subsection (6) of section 21 
begins before the results of the examination are announced that 
period shall be extended until-
(a) the end of five months from the beginning of that 
period; or 
(b) the end of forty days after the date of the announce.. 
ment, 
whichever is the earlier. 
(3) Where by virtue of subsection (2) above a request is com­
plied with more than forty days after the beginning of the 
period mentioned in subsection (6) of section 21, the information 
to be supplied pursuant to the request shall be supplied both by 
reference to the data in question at the time when the request is 
received and (if different) by reference to the data as from time 
to time held in the period beginning when the request is received 
and ending when it is complied with. 
(4) For the purposes of this section the results of an exami­
nation shall be treated as announced when they are first pub­
lished or (if not published) when they are first made available or 
communicated to the candidate in question. IP/N/lIGBRlU/l 
Page 32 
Data Protection Act 1984 c.35 
(5) In this section" examination" includes any process for PART IV 
determining the knowledge, intelligence. skill or ability of a 
candidate by reference to his performance in any test, work or 
other activity. 
PART V 
GENERAL 
36.-(1) It shall be the duty of the Registrar so to perform his Gener~l duties 
functions under this Act as to promote the observance of the of RegIstrar. 
data protection principles by data users and persons carrying on 
computer bureaux. 
(2) The Registrar may consider any complaint that any of 
the data protection principles or any provision of this Act has 
been or is being contravened and shall do so if the complaint 
appears to him to raise a matter of substance and to have been 
made without undue delay by a person directly affected; and 
where the Registrar considers any such complaint he shall notify 
the complainant of the result of his consideration and of any 
action which he proposes to take. 
(3) The Registrar shall arrange for the dissemination in such 
form and manner as he considers appropriate of such information 
as it may appear to him expedient to give to the public about 
the operation of this Act and other matters within the scope of 
his functions under this Act and may give advice to any person 
as to any of those matters. 
(4) It shall be the duty of the Registrar, where he considers 
it appropriate to do so, to encourage trade associations or other 
bodies representing data users to prepare, and to disseminate to 
their members, codes of practice for guidance in complying with 
the data protection principles. 
(5) The Registrar shall annually lay before each House of 
Parliament a general report on the performance of his functions 
under this Act and may from time to time lay before each House 
of Parliament such other reports with respect to those functions 
as he thinks fit. 
37. The Registrar shall be the designated authority in the Co-operation 
United Kingdom for the purposes of Article 13 of the European bet~een 
Convention; and the Secretary of State may by order make partIes t~ . . h fun . be d· bar d b the R' ConventIon. prOVISIon as to t e ctions to ISC ge y egIstrar 
in that capacity. 
38.-(1) Except as provided in subsection (2) below, a govern- Application 
ment department shall be subject to the same obligations and to government 
liabilities under this Act as a private person· and for the depart~ents , ' and polIce. purposes of thIS Act each government department shall be c.35 . Data Protection Act 1984 IP/NI1/GBRlUI 1 
Page 33 
PARl V treated as a person separate from any other government depart­
ment and a person in the public service of the ~rown. shall be 
treated as a servant of the government department to which his 
responsibilities or duties relate. 
Data held, 
and services 
provided, 
outside 
the United 
Kingdom. (2) A government department shall not be liable to prosecu­
tion under this Act but-
(a) sections 5(3) and 15(2) above (and, so far as relating to 
those provisions, sections 5(5) and 15(3) above) shall 
apply to any person who by virtue of this section falls 
to be treated as a servant of the government depart­
ment in question; and 
(b) section 6(6) above and paragraph 12 of Schedule 4 to 
this Act shall apply to a person in the public service 
of the Crown as they apply to any other person. 
(3) For the purposes of this Act-
(a) the constables under the direction and control of a chief 
officer of police shall be treated as his servants; and 
(b) the members of any body of constables maintained other­
wise than by a police authority shall be treated as the 
servants-
(i) of the authority or person by whom that body 
is maintained, and 
(ii) in the case of any members of such a body 
who are under the direction and control of a chief 
officer, of that officer. 
(4) In the application of subsection (3) above to Scotland, 
for the reference to a chief officer of police there shall be substi­
tuted a reference to a chief constable. 
(S) In the application of subsection (3) above to Northern 
Ireland, for the reference to a chief officer of police there shall be 
substituted a reference to the Chief Constable of the Royal Ulster 
Constabulary and for the reference to a police authority there 
shall be substituted a reference to the Police Authority for 
Northern Ireland. 
39.-(1) Subject to the following provisions of this section, this 
Act does not apply to a data user in respect of data held, or to a 
person carrying on a computer bureau in respect of services pro­
vided, outside the United Kingdom. 
(2) For the purposes of subsection (1) above-
(a) data shall be treated as held where the data user exer­
cises the control referred to in subsection (S)(b) of 
section 1 above in relation to the data ; and IP/NIlIGBRlUI 1 
Page 34 
Data Protection Act 1984 c.35 
(b) services shall be treated as provided where the person 
carrying on the computer bureau does any of the 
things referred to in subsection (6)(a) or (b) of that 
section. 
(3) Where a person who is not resident in the United King­
dom-
(a) exercises the control mentioned in paragraph (il) of 
subsection (2) above; or 
(b) does any of the things mentioned in paragraph (b) of 
that subsection, 
through a servant or agent in the United Kingdom, this Act 
shall apply as if that control were exercised or, as the case may 
be, those things were done in the United Kingdom by the 
servant or agent acting on his own accoont and not on behalf 
of the person whose servant or agent he is. 
(4) Where by virtue of subsection (3) above a servant or 
agent is treated as a data user or as a person carrying on a 
computer bureau he may be described for the purposes of 
registration by the position or office which he holds; and any 
such description in an entry in the register shall be treated as 
applying to the person for the time being holding the position 
or office in question. 
(5) This Act does not apply to data processed wholly outside 
the United Kingdom unless the data are used or intended to be 
used in the United Kingdom. 
(6) Sections 4(3)(e) and 5 (2)(e) and subsection (D of section 
12 above do not apply to the transfer of data which are already 
outside the United Kingdom; but references in the said section 
12 to a contravention of the data protection principles include 
references to anything that would constitute such contraven­
tion if it occurred in relation to the data when held in the 
United Kingdom. PART V 
40.-(1) Any power conferred by this Act to lnake regula- Regulations, 
tions. rules or orders shall be exercisable by statutory instru- ~~~e:r~~d 
ment. 
(2) Without prejudice to sections 2(6) and 29(3) above, regula­
tions, rules or orders under this Act may make different provi­
sion for different cases or circumstances. 
(3) Before making an order under any of the foregoing pro­
visions of this Act the Secretary of State shall consult the 
Registrar. PARTY c.35 Data Protection Act 1984 IP/N/lIGBRlU/l 
Page 35 
(4) No order shall be made under section 2(3), 4(8), 29, 30 or 
34(2) above unless a draft of the order has. been laid before and 
approved by a resolution of each House of Parliament. 
(5) A statutory instrument containing an order under section 
21(9) or 37 above or rules under paragraph 4 of Schedule 3 to 
this Act shall be subject to annulment in pursuance of a resolu­
tion of either House of Parliament. 
(6) Regulations prescribing fees for the purposes of any pro­
vision of this Act or the period mentioned in section 8(2) abov~ 
shall be laid before Parliament after being made. 
(7) Regulations prescribing fees payable to the Registrar under 
this Act or the period mentioned in section 8(2) above shall be 
made after consultation with the Registrar and with the approval 
of the Treasury; and in making any such regulations the Secre­
tary of State shall have regard to the desirability of securing 
that those fees are sufficient to offset the expenses incurred 
by the Registrar and the Tribunal in discharging their functions 
under this Act and any expenses of the Secretary of State in 
respect of the Tribunal. 
General 41. In addition to the provisions of sections 1 and 2 above, the 
interpretation. following provisions shall have effect for the interpretation of 
this Act-
" business" includes any trade or profession; 
"data equipment" means equipment for the automatic 
processing of data or for recording information so that 
it can be automatically processed; 
"data material" means any document or other material 
used in connection with data equipment; 
"a de-registration notice" means a notice under section 11 
above; 
.. enactment" includes an enactment passed after this Act; 
" an enforcement notice" means a notice under section 1 0 
above: 
"the European Convention" means the Convention for 
the Protection of Individuals with regard to Automatic 
Processing of Personal Data which was opened for 
signa tu re on 28th January 198] ; IP/N/lIGBRlU/1 
Page 36 
Data Protection Act 1984 c.35 
"government department" includes a Northorn Ireland PART V 
department and any body or authority exercising statu-
tory functions on behalf of the Crown; 
" prescribed " means prescribed by regulations made by the 
Secretary of State; , 
~, the Registrar" means the Data Protection Registrar: 
H the register", except where the reference is to the register 
of companies, means the register maintained under 
section 4 above and (except where the reference is to a 
registered company, to the registered office of a com­
pany or to registered post) references to registration 
shall be construed accordingly; 
"registered company" means a company registered under 
the enactments relating to companies for the time 
being in force in any part of the United Kingdom; 
" a transfer prohibition notice" means a notice under sec­
tion 12 above; 
" the Tribunal" means the Data Protection Tribunal. 
42.-0) No application for registration shall be made until Commence­
such day as the Secretary of State may by order appoint, and ment.a.nd 
sections 5 and 15 above shall not apply until the end of the trans.lt.lOnal 
period of six months beginning with that day. prOVISions. 
(2) Until the end of the period of two years beginning with the 
day appointed under subsection (1) above the Registrar shall not 
have power-
(a) to refuse an application made in accordance with section 
6 above except on the ground mentioned in section 
7 (2)(a) above; or 
(b) to serve an enforcement notice imposing requirements to 
be complied with, a de-:registration notice expiring, or a 
transfer pr~hibition notice imposing a prohibition tak­
ing effect, before the end of that period. 
(3) Where the Registrar proposes to serve any person with an 
enforcement notice before the end of the period mentioned in 
subsection (2) above he shall, in determining the time by which 
the requirements of the notice are to be complied with, have 
regard to the probable cost to that person of complying with 
those requirements. 
(4) Section 21 above and paragraph 1 (b) of Schedule. 4 tQ 
this Act shall. not apply until the end of the period men~ioned 
in subsection (2) above. PARt V 
Short title 
and extent. c.35 . Data Protection Act 1984 IP/NIl/GBRlUI 1 
Page 37 
(5) Section 22 above shall not apply to damage suffered before 
the end of the period mentioned in subsection (1) above 
and in deciding whether to refuse an application or serve a 
notice under Part 11 of this Act the Registrar shall treat the 
provision about accuracy in the fifth data protection principle 
as inapplicable until the end of that period and as inapplicable 
thereafter to data shown to have been held by the data user 
in question since before the end of that period. 
(6) Sections 23 and 24(3) above shall not apply to damage 
suffered before the end of the period of two months beginning 
with the date on which this Act is passed. 
(7) Section 240) and (2) above shall not apply before the end 
of the period mentioned in subsection (1) above. 
43.-(1) This Act may be cited as the Data Protection Act 
1984. 
(2) This Act extends to Northern Ireland. 
(3) Her Majesty may by Order in Council direct that this Act 
shall extend to any of the Channel Islands with such exceptions 
and modifications as may be specified in the Order. IP/NIl/GBRlUI 1 
Page 38 
Data Protection Act 1984 
SCHEDULES 
SCHEDULE 1 
THE DATA PROTECTION PRL'iClPLES 
PART I 
THE PRINCIPLES 
Personal data held by data llsers c.35 
1. The information to be contained in personal data shall be 
obtained, and personal data shall be processed, fairly and lawfully. 
2. Personal data shall be held only for one or more specified 
and lawful purposes. 
3. Personal data held for any purpose or purposes shall not be 
used or disclosed in any manner incompatible with that purpose or 
those purposes. 
4. Personal data held for any purpose or purposes shall be 
adequate, relevant and not excessive in relation to that purpose or 
those purposes. 
5. Personal data shall be accurate and, where necess2.ry, kept up 
to date. 
6. Personal data held for any purpose or purposes shall not be 
kept for longer than is necessary for that purpose or those purposes. 
7. An individual shall be entitled-
(a) at reasonable intervals and without undue delay or expense­
(i) to be informed by any data user \vhether he holds 
personal data of which that individual is the subject; and 
(ii) to access to any such data held by a data user; and 
Cb) where appropriate, to have such data corrected or erased. 
Personal data held by data llsers or in respect of which services are 
provided by persons carrying on computer bureaux 
8. Appropriate security measures shall be taken against unauthorised 
access to, or alteration, disclosure or destruction of, personal data 
and against accidental loss or destruction of personal data. 
PART II 
INTERPRETATION 
The first principle 
1.-(1) Subject to sub-paragraph (2) below, in determining whether 
information was obtained fairly regard shall be had to the method by 
which it was obtained, including in particular whether any person 
from whom it was obtained was deceived or misled as to the purpose 
or purposes for which it is to be held. used or disclosed. Section 2(1). Sell. 1 C~ 3S Data Protection Act 1984 IP/NIlIGBRlUI 1 
Page 39 
(2) lnfonnation shall in any event be treated as obtained fairly 
if it is obtained from a person who-
(a) is authorised by or under any enactment to supply it ; or 
(b) is required to supply it by or under any enactment or by 
any convention or other instrument imposing an internat­
ional obligation on the United Kingdom; 
and in determining whether information was obtained fairly there 
shall be disregarded any disclosure of the information which is 
authorised or required by or under any enactment or required by any 
such convention or other instrument as aforesaid. 
The second principle 
2. Personal data shall not be treated as held for a specified purpose 
unless that purpose is described in particulars registered under this 
Act in relation to the data. 
The third principle 
3. Personal data shall not be treated as used or disclosed in con­
travention of this principle unless-
(a) used otherwise than for a purpose of a description registered 
under this Act in relation to the data; or 
(b) disclosed otherwise than to a person of a description so 
registered. 
The fifth principle 
4. Any question whether or not personal data are accurate shall be 
determined as for the purposes of section 22 of this Act but. in the 
case of such data as are mentioned in subsection (2) of that section. 
this principle shall not be regarded as having been contravened by 
reason of any inaccuracy in the information there mentioned if the 
requirements specified in that subsection have been complied with. 
The seventh principle 
5.-{1) Paragraph (a) of th.is principle shall not be construed a! 
conferring any rights inconsistent with section 21 of this Act 
(2) In detormining whether access to personal data is sought at 
reasonable intervals regard shall be had to the nature of the data, the 
purpose for which the data are held and the frequency with which 
the data are altered. 
(3) The correction or erasure of personal data is appropriate 
only where necessary for ensuring compliance with the other data 
protection principles. 
The eighth principle· 
6. Regard shall be had-
(a) to the nature of the personal data and tJi~ harm that would 
result from such access, alteration •. di~losure. loss or des­
truction as are mentioned in this principle; and IP/NI1/GBRlUI 1 
Page 40 
Data Protection Act 1984 c.3S 
(b) to the place where the personal data are stored. to security 
measures programmed into the relevant equipment and to 
measures taken for ensuring the reliability of staff having 
access to the data. 
Use for historical. statistical or research purposes 
7. Where personal data are held for historical. statistical or 
research purposes and not used in such a way that damage or distress 
is, or is likely to be, caused to any data subject-
(a) the information contained in the data shall not be regarded 
for the purposes of the first principle as obtained unfairly 
by reason only that its use for any such purpose was not 
disclosed when it was obtained: and 
(b) the data may. notwithstanding the sixth principle. be kept 
indefinjtely. 
SCHEDULE 2 
THE DATA PROTECTION REGISTRAR AND THE DATA PROTECTION 
TRIBlJNAL 
PART 1 
THE REGISTRAR 
Status 
1.-(1) The Registrar shall be a corporation sole by the name of 
.. The Data Protection Registrar ". 
(2) Except as provided in section 17(2) of this Act, the Regis­
trar and his officers and servants shall not be regarded as servants 
or agents of the Crown. 
Tenure of office 
2.-(1) Subject to the provisions of this paragraph. the Registrar 
shall hold office for five years. 
(2) The Registrar may be relieved of his office by Her Majesty at 
hi& own request 
(3) The Registrar may be removed from office by Her Majesty 
in pursuance of an Address from both Houses of Parliament. 
{4} The Registrar shall in any case vacate his office on completing 
the year of service in which he attains the age of sixty-five years. 
(5) Subject to sub-paragraph (4) above. a person who ceases to 
be Registrar on the expiration of his term of office shall be eligible 
for re-appointment. 
Salary etc. 
3.-{1) There shall be paid-
(a) to the Registrar such salary, and SCH. 1 
Section 3(6). SCH. 2 c.35 Data Protection Act 1984 
(b) to or in respect of the Registrar such pension. IP/NIl/GBRlUI 1 
Page 41 
as may be specified by a resolution of the House of Commons. 
(2) A resolution for the purposes of this paragraph may either 
specify the salary or pension or provide that it shall be the sam.e as 
that payable to, or to or in respect of. a person employed In a 
specified office under. or in a specified capacity in the service of. the 
Crown. 
(3) A resolution for the purposes of this paragraph may take effect 
from the date on which it is passed or from any earlier or later date 
specified. in the resolution. 
(4) Any salary or pension payable under this paragraph shall be 
charged on and issued out of the Consolidated Fund. 
(5) In this paragraph "pension" includes an allowance or grat­
uity and any reference to the payment of a pension includes a ref­
erence to the making of payments towards the provision of a pension. 
Officers and servants 
4.-(1) The Registrar-
(a) shall appoint a deputy registrar; and 
(b) may appoint such number of other officers and servants ~ 
he may determine. 
(2) The remuneration and other conditions of service of the persons 
appointed under this paragraph shall be detennined by the Registrar. 
(3) The Registrar may pay such pensions. allowances or gratuities 
to or in respect of the persons appointed under this paragraph. or 
make such payments towards the provision of such pensions, allow­
ances or gratuities. as he may determine. 
(4) The references in sub-paragraph (3) above to pensions. allow­
ances or gratuities to or in respect of the persons appointed under this 
paragraph include references to pensions. allowances or gratuities by 
way of compensation to or in respect of any of those persons who 
suffer loss of office or employment. 
(5) Any detennination under sub-paragraph (l)(b), (2) or (3) above 
shaH require the approval of the Secretary of State given with the 
consent of the Treasury. 
5.-(1) The deputy registrar shall perform the functions Con­
ferred by this Act on the Registrar during any vacancy in that office 
or at any time when the Registrar is for any reason unable to act. 
(2) Without prejudice to sub-paragraph (1) above, any functions of 
the Registrar under this Act may. to the extent authorised by him. 
be performed by any of his officers. 
Receipts and expenses 
6.-(1) All fees and other sums received by the Registrar in the 
exercise of his functions under this Act shall be paid by him into 
the Consolidated Fund. 
(2) The Secretary of State shall out of moneys provided by Parlia­
ment pay to the Registrar such sums towards his expenses as the 
Secretary of State may with the approval of the Treasury determine. IP/NIlIGBRlUI 1 
Page 42 
Data Protection Act 1984 
Accounts 
7.-(1) It shall be the duty of the Registrar-e.lS 
(a) to keep proper accounts and other records in relation to the 
accounts ; 
(b) to prepare in respect of each financial year a statement of 
account in such form as the Secretary of State may direct 
with the approval of the Treasury; and 
(c) to send copies of that statement to the Comptroller and 
Auditor General on or before 31 st August next following 
the end of the year to which the statement relates or on or 
before such earlier date after the end of that year as the 
Treasury may direct. 
(2) The Comptroller and Auditor General shall examine and 
certify any statement sent to him under this paragraph and lay copies 
of it together with his report thereon before each House of Parlla .. 
ment 
(3) In this paragraph" financial year" means a period of twelve 
months beginning with 1st April. 
PART II 
THE ThmUNAL 
Tenure of office 
8.-(1) A member of the Tribunal shall hold and vacate his 
office in accordance with the terms of his appointment and shall. on 
ceasing to hold office, be eligible for re-appointment. 
(2) Any member of the Tribunal may at any time resign his 
office by notice in writing to the Lord Chancellor (in the case of 
the chairman or a deputy chairman) or to the Secretary of State (in 
the case of any other member). 
Salary etc. 
9. The Secretary of State shall pay to the members of the Tribunal 
out of moneys provided by Parliament such remuneration and 
allowances as he may with the approval of the Treasury determine. 
Officers and servants 
10. The Secretary of State may provide the Tribunal with such 
officers and servants as he thinks necessary for the proper discharge 
of its functions. 
Expenses 
11. Such expenses of the Tribunal as the Secretary of Stato may 
with the approval of the Treasury determine shall be defrayed by 
the Secretary of State out of moneys provided by Parliament. 
PART III 
GENERAL 
Parliamentary disqualification SCH.2 
12.-{1) In Part II of Schedule 1 to the House of Commons Dis--1975 c. 24. 
qualification Act 1975 (bodies whose members are disqualified) there 
shall be inserted at the appropriate place "The Data Protection 
Tribuna1 ". SCH.2 
1975 c. 25. 
1971 c. 62. c~3S Data Protection Act 1984 IP/N111GBRlU/1 
Page 43 
(2) In Part III of that Schedule (disqualifying offices) there shall 
be inserted at the appropriate place "The Data Protection Regis­
.trar ". 
(3) Corresponding amendments shall be made in Parts II and III 
of Schedule 1 to the Northern Ireland Assembly Disqualification Act 
1975. 
Supervision by Council on Tribunals 
13. The Tribunals and Inquiries Act 1971 shall be amended as 
follows-
(a) in section 8(2) after "paragraph" there shall be inserted 
" SA " ; 
(b) in section 19(4) after" 46 " there shall be inserted the words 
"or the Data Protection Registrar referred to in paragraph 
SA" ; 
(c) in Schedule 1. after paragraph 5 there shall be inserted-
" Data protection. 5A. (a) The Data Protection Regis-
trar; 
(b) The Data Protection Tri­
bunal." 
Public records 
14. In Part II of the Table in paragraph 3 of Schedule 1 to the 
1958 c. 51. Public Records Act 1958 there shall be inserted at the appropriate 
place" the Data Protection Registrar" ; and after paragraph 4(1 )(n) 
of that Schedule there shall be inserted-
"(nn) records of the Data Protection Tribunal; ,.. 
Section 13(4). SCHEDULE 3 
APPEAL PROCEEDINGS 
Hearing of appeals 
1. For the purpose of hearing and determining appeals or any 
matter preliminary or incidental to an appeal the Tribunal shall 
sit at such times and in such places as the chairman or a deputy 
chairman may direct and may sit in two or more divisions. 
2.-{1) Subject to any rules made under paragraph 4 below. the 
Tribunal shall be duly constituted for an appeal under section 
13(1) of this Act if it consists of -
(a) the chairman or a deputy chairman (who shall preside) ; and 
(b) an equal number of the members appointed respectively in 
accordance with paragraphs (a) and (b) of section 3(5) of 
this Act. 
(2) The members who are to constitute the Tribunal in accordance 
with sub-paragraph (1) above shall be nominated by the chairman 
or. if he is for any reason unable to act. by a deputy chairman. 
(3) The determination of any question before the Tribunal when JP IN I lIGBRlU 11 
Page 44 
Data Protection Act 1984 c.35 
constituted in accordance with this paragraph shall be according to 
the opinion of the majority of the members hearing the ~ppea1. 
3. Subject to any rules made under paragraph 4 below. the juris­
diction of the Tribunal in respect of an appeal under section 
13(2) or (3) of this Act shall be exercised ex parte by the chaiI'man 
or a deputy chairman sitting alone. 
Rules of procedure 
4.-(1) The Secretary of State may make rules for regulating tho 
exercise of the rights of appeal conferred by section 13 of this 
Act and the practice and procedure of -the Tribunal. 
(2) Without prejudice to the generality of sub-paragraph (1) above, 
rules under this paragraph may in particular make provision-
(a) with respect to the period within which an appeal can be 
brought and the burden of proof on an appeal ; 
(b) for the summoning of witnesses and the administration of 
oaths; 
Cc) for securing the production of documents and data material ; 
(d) for the inspection. examination, operation and testing of 
data equipme~t and the testing of data material; 
(e) for the hearing of an appeal wholly or partly in camera ; 
(f) for bearing an appeal in the absence of the appellant or for 
determining an appeal without a hearing; 
(g) for enabling any matter preliminary or incidental to an 
appeal to be dealt with by the chairman or a deputy chair-
man; 
(h) for th~ awarding of costs ; 
(i) for the publication of reports of the Tribunal's decisions; and 
(j) for conferring on the Tribunal such ancillary powers as the 
Secretary of State thinks necessary for the proper dischar ge 
of its functions. 
Obstruction etc. 
5.-(1) If any person is guilty of any act or omission in relation 
to proceedings before the Tribunal which, if those proceedings were 
proceedings before a court having power to commit for contempt. 
would constitute contempt of court, the Tribunal may certify the 
offence to the High Court or, in Scotland, the Court of Session. 
(2) Where an offence is so certified, the court may inquire into 
the matter and, after hearing any witness who may be produced 
against or on behalf of the person charged with the offence, and 
after hearing any statement that may be offered in defence. deal 
with him in any manner in which it could deal with him if he had 
committed the like offence in relation to the court. SCH.3 Section 16. c.35 Data Protection Act 1984 
SCHEDULE 4 
POWERS OF ENTRY AND INSPECTION 
Issue of warrants IPINIlIGBRlUI1 
Page 45 
1. If a circuit judge is satisfied by information on oath supplied 
by the Registrar that there are reasonable grounds for suspecting-
(a) that an offence under this Act has been or is being com­
mitted; or 
(b) that any of the data protection principles have been or are 
being contravened by a registered person, 
and that evidence of the commission of the offence or of the con­
travention is to be found on any premises specified in the informa­
tion, he may, subject to paragraph 2 below, grant a warrant auth­
orising the Registrar or any of his officers or servants at any time 
within seven days of the date of the warrant to enter those premises. 
to search them, to inspect, examine, operate and test any data equip­
ment found there and to inspect and seize any documents or other 
material found there which may be such evidence as aforesaid. 
2. A judge shall not issue a warrant under this Schedule unless 
he is satisfied-
(a) that the Registrar has given seven days' notice in writing to 
the occupier of the premises in question demanding access 
to the premises; 
(b) that access was demanded at a reasonable hour and was 
unreasonably refused; and 
(c) that the occupier has, after the refusal. been notified by the 
Registrar of the application for the warrant and has had 
an opportunity of being heard by the judge on the question 
whether or not it should be issued; 
but the foregoing provisions of this paragraph shall not apply if the 
judge is satisfied that the case is one of urgency or that compliance 
with those provisions would defeat the object of the entry. 
3. A judge who issues a warrant under this Schedule shall also 
issue two copies of it and certify them clearly as copies. 
Execution of warrants 
4. A person executing a warrant issued under this Schedule may 
use such reasonable force as may be necessary. 
5. A warrant issued under this Schedule shall be executed at a 
reasonable hour unless it appears to the person executing it that 
there are grounds for suspecting that the evidence in question would 
not be found if it were so executed. 
6. If the person who occupies the premises in respect of which a 
warrant is issued under this Schedule is present when the warrant is 
executed, he shall be shown the warrant and supplied with a copy 
of it : and if that person is not present a copy of the warrant shall 
be left in a prominent place on the premises. IP/NI1/GBRlUI 1 
Page 46 
Data Protection Act 1984 c.3S 
7.-(1) A person seizing anything in pursuance of a warrant under 
this Schedule shall give a receipt for it if asked to do so. 
(2) Anything so seized may be retained for so long as is necessary 
in all the circumstances but the person in occupation of the premises 
in question shall be given a copy of anything that is seized if he so 
requests and the person executing the warrant considers that it can 
be done without undue delay. 
Alatters exempt from inspection and seizure 
8. The powers of inspection and seizure conferred by a warrant 
issued under this Schedule shall not be exercisable in respect of per­
sonal data which are exempt from Part II of this Act. 
9.-(1) Subject to the provisions of this paragraph. the powers of 
inspection and seizure conferred by a warrant issued under this 
Schedule shall not be exercisable in respect of-
(a) any communication between a professional legal adviser 
and his client in connection with the giving of legal advice 
to the client with respect to his obligations, liabilities or 
rights under this Act ; or 
(b) any communication between a professional legal adviser and 
his client, or between such an adviser or his client and any 
other person, made in connection with or in contemplation 
of proceedings under or arising out of this Act (including 
proceedings before the Tribunal) and for the purposes of 
such proceedings. 
(2) Sub-paragraph (1) above applies also to-
(a) any copy or other record of any such communication as is 
there mentioned ; and 
(b) any document or article enclosed with or referred to in 
any such communication if made in connection with the 
giving of any advice or, as the case may be, in connection 
with or in contemplation of and for the purposes of such 
proceedings as are there mentioned. 
(3) This paragraph does not apply to anything in the possession 
of any person other than the professional legal adviser or his client 
or to anything held with the intention of furthering a criminal pur­
pose. 
(4) In this paragraph references to the client of a professional 
legal adviser include references to any person representing such a 
client. 
10. If the person' in occupation of any premises in respect of 
which a warrant is issued under this Schedule objects to the in­
spection or seizure under the warrant of any material on the grounds 
that it consists partly of matters in respect of which those powers 
are not exercisable, he shall. if the person executing the warrant 
so requests. furnish that person with a copy of so much of the 
material as is not exempt from those powers. SCH.4 SCH.4 c.35 Data Protection Act 1984 
Return of warrants IP/NIl/GBRlU/l 
Page 47 
11. A warrant issued under this Schedule shall be returned to the 
court from which it was issued-
(a) after being executed; or 
(b) if not executed within the time authorised for its execu-
tion; 
and the person by whom any such warrant is executed shall make 
an endorsement on it stating what powers have been exercised by 
him under the warrant. 
Offences 
12 ... t\ny person who-
(a) intentionally obstructs a person in the execution of a warrant 
issued under this Schedule; or 
(b) fails without reasonable excuse to give any person executing 
such a warrant such assistance as he may reasonably re­
quire for the execution of the warrant, 
shall be guilty of an offence. 
Vessels, vehicles etc. 
13. In this Schedule" premises" includes any vessel, vehicle, air­
craft or hovercraft, and references to the occupier of any premises 
include references to the person in charge of any vessel, vehicle, air­
craft or hovercraft. 
Scotland and Northern Ireland 
14. In the application of this Schedule to Scotland, for any re­
ference to a circuit judge there shall be substituted a reference to 
the sheriff. for any reference to information on oath there shall be 
substituted a reference to evidence on oath and for the reference to 
the court from which the warrant was issued there shall be su bsti­
tuted a reference to the sheriff clerk. 
15. In the application of this Schedule to Northern Ireland, for 
any reference to a circuit judge there shall be substituted a refer­
ence to a county court judge and for any reference to information 
on oath there shall be substituted a reference to a complaint on 
oath. 
PRINTED IN ENGLAND BY PAUL FREEMAN 
Controller and Chief Executive of Her Majesty's Stationery Office and 
Queen's Printer of Acts of Parliament 
Reprinted in the Standard Parliamentary Page Size 
Dd 5063883 2/95 C20 51.0.0. 56219 314750 
1 st Impression July 1984 
11 th Impression February 1995 