Data (Use and Access) Act 2025
Write the words of this act the way you think they should read. Solon shows your change as a redline against the published text and pins it to that exact text, so it can never be applied to wording you did not see.
Change 1
106 Protection of prohibitions, restrictions and data subject’s rights
(1) The 2018 Act is amended in accordance with subsections (2) to (5). (2) After section 183 insert— Prohibitions and restrictions etc on processing Protection of prohibitions and restrictions etc on processing: relevant enactments 183A (1) A relevant enactment or rule of law which imposes a duty, or confers a power, to process personal data does not override a requirement under the main data protection legislation relating to the processing of personal data. (2) Subsection (1) does not apply— (a) to a relevant enactment forming part of the main data protection legislation, or (b) to the extent that an enactment makes express provision to the contrary referring to this section or to the main data protection legislation (or a provision of that legislation). (3) Subsection (1) does not prevent a duty or power to process personal data from being taken into account for the purpose of determining whether it is possible to rely on an exception to a requirement under the main data protection legislation that is available where there is such a duty or power. (4) In this section— “the main data protection legislation” means the data protection legislation other than provision of or made under— Chapter 6 or 8 of the UK GDPR, or Parts 5 to 7 of this Act; “relevant enactment” means an enactment so far as passed or made on or after the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force; “requirement” includes a prohibition or restriction. (5) The reference in subsection (1) to an enactment or rule of law which imposes a duty, or confers a power, to process personal data is a reference to an enactment or rule of law which, directly or indirectly, requires or authorises the processing of personal data, including (for example)— (a) by authorising one person to require another person to process personal data, or (b) by removing restrictions on processing personal data, and the references in subsection (3) to a duty or power are to be read accordingly. (3) Before section 184 (and the italic heading before it) insert— Protection of prohibitions and restrictions etc on processing: other enactments 183B (1) This section is about the relationship between— (a) a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and (b) a provision of the main data protection legislation containing a requirement relating to the processing of personal data. (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship. (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another. (5) In this section— (a) “the main data protection legislation” and “requirement” have the same meaning as in section 183A, and (b) “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force. (6) Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1). (4) In section 186 (data subject’s rights and other prohibitions and restrictions)— (a) for the heading substitute “Protection of data subject’s rights”, (b) in subsection (1) omit “, except as provided by or under the provisions listed in subsection (3)”, (c) after subsection (2) insert— (2A) Subsection (1) does not apply— (a) to an enactment contained in, or made under, a provision listed in subsection (2), (b) to an enactment contained in, or made under, a provision listed in subsection (3), (c) to the extent that an enactment makes express provision to the contrary referring to this section or to a provision listed in subsection (2), or (d) to the extent that subsection (1) is disapplied by section 186A(3). , and (d) in subsection (3)— (i) for “provisions providing exceptions” substitute “provisions referred to in subsection (2A)(b)”, and (ii) omit paragraph (c) (and the “and” after it). (5) After section 186 insert— Protection of data subject’s rights: further provision 186A (1) This section is about the relationship between— (a) a pre-commencement enactment which prohibits or restricts the disclosure of information or authorises the withholding of information, and (b) a provision of the UK GDPR or this Act listed in section 186(2). (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Subsection (1) of section 186 does not apply to the relationship so far as there is a contrary intention, whether express or implied (taking account of, among other things, subsection (2) of this section). (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision stating that section 186(1) applies (or with similar effect) is made in connection with one such relationship but not another. (5) In this section, “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(4) of the Data (Use and Access) Act 2025 comes into force, other than an enactment contained in, or made under, a provision listed in section 186(2) or (3). (6) In section 5 of the European Union (Withdrawal) Act 2018 (exceptions to savings and incorporation), in subsection (A3)(a)— (a) for “section” substitute “sections 183A and”, (b) for “(data subject’s rights and other prohibitions and restrictions)” substitute “(protection of prohibitions, restrictions and data subject’s rights)”, and (c) at the end insert “(and see also section 183B(3) of that Act)”. (7) Subsections (3), (5) and (6)(c) are to be treated as having come into force on 1 January 2024.
106 Protection of prohibitions, restrictions and data subject’s rights
(1) The 2018 Act is amended in accordance with subsections (2) to (5). (2) After section 183 insert— Prohibitions and restrictions etc on processing Protection of prohibitions and restrictions etc on processing: relevant enactments 183A (1) A relevant enactment or rule of law which imposes a duty, or confers a power, to process personal data does not override a requirement under the main data protection legislation relating to the processing of personal data. (2) Subsection (1) does not apply— (a) to a relevant enactment forming part of the main data protection legislation, or (b) to the extent that an enactment makes express provision to the contrary referring to this section or to the main data protection legislation (or a provision of that legislation). (3) Subsection (1) does not prevent a duty or power to process personal data from being taken into account for the purpose of determining whether it is possible to rely on an exception to a requirement under the main data protection legislation that is available where there is such a duty or power. (4) In this section— “the main data protection legislation” means the data protection legislation other than provision of or made under— Chapter 6 or 8 of the UK GDPR, or Parts 5 to 7 of this Act; “relevant enactment” means an enactment so far as passed or made on or after the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force; “requirement” includes a prohibition or restriction. (5) The reference in subsection (1) to an enactment or rule of law which imposes a duty, or confers a power, to process personal data is a reference to an enactment or rule of law which, directly or indirectly, requires or authorises the processing of personal data, including (for example)— (a) by authorising one person to require another person to process personal data, or (b) by removing restrictions on processing personal data, and the references in subsection (3) to a duty or power are to be read accordingly. (3) Before section 184 (and the italic heading before it) insert— Protection of prohibitions and restrictions etc on processing: other enactments 183B (1) This section is about the relationship between— (a) a pre-commencement enactment which imposes a duty, or confers a power, to process personal data, and (b) a provision of the main data protection legislation containing a requirement relating to the processing of personal data. (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Where the provision described in subsection (1)(b) is a provision of, or made under, the UK GDPR, section 5(A2) of the European Union (Withdrawal) Act 2018 (assimilated direct legislation subject to domestic enactments) does not apply to the relationship. (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision with similar effect to section 183A(1) (or applying that provision) is made in connection with one such relationship but not another. (5) In this section— (a) “the main data protection legislation” and “requirement” have the same meaning as in section 183A, and (b) “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(2) of the Data (Use and Access) Act 2025 comes into force. (6) Section 183A(5) applies for the purposes of subsection (1)(a) of this section as it applies for the purposes of section 183A(1). (4) In section 186 (data subject’s rights and other prohibitions and restrictions)— (a) for the heading substitute “Protection of data subject’s rights”, (b) in subsection (1) omit “, except as provided by or under the provisions listed in subsection (3)”, (c) after subsection (2) insert— (2A) Subsection (1) does not apply— (a) to an enactment contained in, or made under, a provision listed in subsection (2), (b) to an enactment contained in, or made under, a provision listed in subsection (3), (c) to the extent that an enactment makes express provision to the contrary referring to this section or to a provision listed in subsection (2), or (d) to the extent that subsection (1) is disapplied by section 186A(3). , and (d) in subsection (3)— (i) for “provisions providing exceptions” substitute “provisions referred to in subsection (2A)(b)”, and (ii) omit paragraph (c) (and the “and” after it). (5) After section 186 insert— Protection of data subject’s rights: further provision 186A (1) This section is about the relationship between— (a) a pre-commencement enactment which prohibits or restricts the disclosure of information or authorises the withholding of information, and (b) a provision of the UK GDPR or this Act listed in section 186(2). (2) The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). (3) Subsection (1) of section 186 does not apply to the relationship so far as there is a contrary intention, whether express or implied (taking account of, among other things, subsection (2) of this section). (4) Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision stating that section 186(1) applies (or with similar effect) is made in connection with one such relationship but not another. (5) In this section, “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(4) of the Data (Use and Access) Act 2025 comes into force, other than an enactment contained in, or made under, a provision listed in section 186(2) or (3). (6) In section 5 of the European Union (Withdrawal) Act 2018 (exceptions to savings and incorporation), in subsection (A3)(a)— (a) for “section” substitute “sections 183A and”, (b) for “(data subject’s rights and other prohibitions and restrictions)” substitute “(protection of prohibitions, restrictions and data subject’s rights)”, and (c) at the end insert “(and see also section 183B(3) of that Act)”. (7) Subsections (3), (5) and (6)(c) are to be treated as having come into force on 1 January 2024.
One line that says what changes, such as "Halve the dog tax".
Who it helps, what it costs, what it fixes. It is what persuades people to support it.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.
Sign in to file your proposal. What you have written stays on this page.
Sign in to file itThink it through
Ask what your change would do, who would gain and who would bear a cost, and where something like it is already law. The assistant reads your draft as it stands, cites the law and the studies it finds, and takes no side. What you file stays yours.