The Data (Use and Access) Act 2025 (Commencement No. 3 and Transitional and Saving Provisions) Regulations 2025
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Change 1
4 Transitional and saving provisions relating to the national security exemption
(1) Section 88 of the 2025 Act does not affect the application of— (a) Chapter 3 of Part 3 of the 2018 Act, in a case in which a controller received a request under a section of that Chapter before the relevant time; (b) section 51 (exercise of rights through the Commissioner) of the 2018 Act, in a case in which the Commissioner received a request under that section before the relevant time; (c) sections 67 and 68 (obligations relating to personal data breaches) of the 2018 Act, in a case in which a personal data breach (within the meaning given by section 33(2) of the 2018 Act) occurred before the relevant time; (d) section 119 (inspection of personal data) of the 2018 Act, in a case in which a controller received written notice under that section before the relevant time; (e) Schedule 13 (other general functions of the Commissioner) to the 2018 Act, in a case in which the Commissioner— (i) commenced enforcement action pursuant to paragraph 1(1)(a) of that Schedule, before the relevant time; or (ii) received information under paragraph 1(1)(g) of that Schedule, before the relevant time; (f) sections 142 to 154 (enforcement) of, and Schedule 15 (powers of entry and inspection) to, the 2018 Act, in relation to any of the following which is received by a controller before the relevant time— (i) an information notice; (ii) an assessment notice; (iii) an enforcement notice; (g) section 173 (alteration of personal data to prevent disclosure) of the 2018 Act, in a case in which a controller received a request pursuant to that section before the relevant time; (h) section 187 (representation of data subjects) of the 2018 Act, in a case in which, before the relevant time, a body or other organisation authorised to act on behalf of a data subject in accordance with that section— (i) made a complaint to the Commissioner under section 165 (complaints by data subjects); (ii) made an application to the Tribunal under section 166 (orders to progress complaints); (iii) made an application to the court under section 167 (compliance orders); or (iv) brought judicial review proceedings. (2) Section 88 of the 2025 Act does not affect the application of section 79(2) to (13) of the 2018 Act to a certificate issued under section 79(1) before the relevant time.
4 Transitional and saving provisions relating to the national security exemption
(1) Section 88 of the 2025 Act does not affect the application of— (a) Chapter 3 of Part 3 of the 2018 Act, in a case in which a controller received a request under a section of that Chapter before the relevant time; (b) section 51 (exercise of rights through the Commissioner) of the 2018 Act, in a case in which the Commissioner received a request under that section before the relevant time; (c) sections 67 and 68 (obligations relating to personal data breaches) of the 2018 Act, in a case in which a personal data breach (within the meaning given by section 33(2) of the 2018 Act) occurred before the relevant time; (d) section 119 (inspection of personal data) of the 2018 Act, in a case in which a controller received written notice under that section before the relevant time; (e) Schedule 13 (other general functions of the Commissioner) to the 2018 Act, in a case in which the Commissioner— (i) commenced enforcement action pursuant to paragraph 1(1)(a) of that Schedule, before the relevant time; or (ii) received information under paragraph 1(1)(g) of that Schedule, before the relevant time; (f) sections 142 to 154 (enforcement) of, and Schedule 15 (powers of entry and inspection) to, the 2018 Act, in relation to any of the following which is received by a controller before the relevant time— (i) an information notice; (ii) an assessment notice; (iii) an enforcement notice; (g) section 173 (alteration of personal data to prevent disclosure) of the 2018 Act, in a case in which a controller received a request pursuant to that section before the relevant time; (h) section 187 (representation of data subjects) of the 2018 Act, in a case in which, before the relevant time, a body or other organisation authorised to act on behalf of a data subject in accordance with that section— (i) made a complaint to the Commissioner under section 165 (complaints by data subjects); (ii) made an application to the Tribunal under section 166 (orders to progress complaints); (iii) made an application to the court under section 167 (compliance orders); or (iv) brought judicial review proceedings. (2) Section 88 of the 2025 Act does not affect the application of section 79(2) to (13) of the 2018 Act to a certificate issued under section 79(1) before the relevant time.
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