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Data Protection Act 2018

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Change 1

What to do with it
As published

SCHEDULE 17 Review of processing of personal data for the purposes of journalism

Section 178 Interpretation 1 In this Schedule— “relevant period” means— ... the period of 12 months beginning when the Commission starts a ... review under section 178; “the relevant review”, in relation to a relevant period, means the review under section 178 which the Commission must produce a report about by the end of that period. Information notices 2 (1) This paragraph applies where the Commission gives an information notice during a relevant period. (2) If the information notice— (a) states that, in the Commission's opinion, the information or documents are required for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (5) and (6) of section 142 do not apply but the notice must not require the information or documents to be provided before the end of the period of 24 hours beginning when the notice is given. Assessment notices 3 (1) Sub-paragraph (2) applies where the Commission gives an assessment notice to a person during a relevant period. (2) If the assessment notice— (a) states that, in the Commission's opinion, it is necessary for the controller or processor to comply with a requirement in the notice for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (6) and (7) of section 146 do not apply but the notice must not require the controller or processor to comply with the requirement before the end of the period of 7 days beginning when the notice is given. (3) During a relevant period, section 147 has effect as if for subsection (5) there were substituted— (5) The Commission may not give a controller or processor an assessment notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect. Interview notices 3A (1) Sub-paragraph (2) applies where the Commission gives an interview notice to an individual during a relevant period. (2) If the interview notice— (a) states that, in the Commission's opinion, it is necessary for the individual to comply with a requirement in the notice for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (6) and (7) of section 148A do not apply but the notice must not require the individual to comply with the requirement before the end of the period of 24 hours beginning when the notice is given. (3) During a relevant period, section 148B has effect as if for subsection (8) there were substituted— (8) The Commission may not give an individual an interview notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect. Applications in respect of urgent notices 4 Section 164 applies where an information notice , assessment notice or interview notice contains a statement under paragraph 2(2)(a) , 3(2)(a) or 3A(2)(a) as it applies where such a notice contains a statement under section 142(7)(a) , 146(8)(a) or 148A(8)(a).

Your change, as a redline

SCHEDULE 17 Review of processing of personal data for the purposes of journalism

Section 178 Interpretation 1 In this Schedule— “relevant period” means— ... the period of 12 months beginning when the Commission starts a ... review under section 178; “the relevant review”, in relation to a relevant period, means the review under section 178 which the Commission must produce a report about by the end of that period. Information notices 2 (1) This paragraph applies where the Commission gives an information notice during a relevant period. (2) If the information notice— (a) states that, in the Commission's opinion, the information or documents are required for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (5) and (6) of section 142 do not apply but the notice must not require the information or documents to be provided before the end of the period of 24 hours beginning when the notice is given. Assessment notices 3 (1) Sub-paragraph (2) applies where the Commission gives an assessment notice to a person during a relevant period. (2) If the assessment notice— (a) states that, in the Commission's opinion, it is necessary for the controller or processor to comply with a requirement in the notice for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (6) and (7) of section 146 do not apply but the notice must not require the controller or processor to comply with the requirement before the end of the period of 7 days beginning when the notice is given. (3) During a relevant period, section 147 has effect as if for subsection (5) there were substituted— (5) The Commission may not give a controller or processor an assessment notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect. Interview notices 3A (1) Sub-paragraph (2) applies where the Commission gives an interview notice to an individual during a relevant period. (2) If the interview notice— (a) states that, in the Commission's opinion, it is necessary for the individual to comply with a requirement in the notice for the purposes of the relevant review, and (b) gives the Commission's reasons for reaching that opinion, subsections (6) and (7) of section 148A do not apply but the notice must not require the individual to comply with the requirement before the end of the period of 24 hours beginning when the notice is given. (3) During a relevant period, section 148B has effect as if for subsection (8) there were substituted— (8) The Commission may not give an individual an interview notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect. Applications in respect of urgent notices 4 Section 164 applies where an information notice , assessment notice or interview notice contains a statement under paragraph 2(2)(a) , 3(2)(a) or 3A(2)(a) as it applies where such a notice contains a statement under section 142(7)(a) , 146(8)(a) or 148A(8)(a).

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