Plain English Data Protection Act 2018 – Part 7.1

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Anonymous Lady Justice
Anonymous Lady Justice

Part 7.1 – Supplementary And Final Provision

This is just a bunch of niggly little rules and bits and pieces. It’s almost like a high school writer throwing the requirements of the essay into the last page just so they meet all the required criteria.

Section 182 – Regulations and consultation

This looks like a bunch of legal jargon that doesn’t seem to have any real people understanding to it.

Section 183 – Power to reflect changes to the Data Protection Convention

The Secretary of State can make amendments to this document if they see fit. We still have not got to the bottom of who the Secretary of State actually is, but when we do they can make changes if need be.

Section 184 – Prohibition of requirement to produce relevant records

It looks like it is not required to give up documents related to the hiring or employment of individuals or if a company or person is responsible for delivering goods or services to the public. Perhaps to make sure the public tendering process is intact?

Section 185 – Avoidance of certain contractual terms relating to health records

If it wasn’t before it is now illegal to require someone to give you access to health records as part of a contract.

Section 186 – Data subject’s rights and other prohibitions and restrictions

This seems garbled and at best unreadable, at worst intentionally unreadable.

Section 187 – Representation of data subjects with their authority

If you’re cool with it then you can get someone else to chase up your rights for you. This is the clause all of those guys that used to run PPI claim companies have been waiting for. We should start seeing the first radio and TV commercials for claiming your compensation from big companies that are doing bad things with your data any day now.

Section 188 – Representation of data subjects with their authority: collective proceedings

Not only can someone represent you, but they can also do it for a whole lot of people at the same time!

Section 189 – Duty to review provision for representation of data subjects

The Information Commissioner can review provision for representation. So not just anyone can do this.

Section 190 – Post-review powers to make provision about representation of data subjects

This seems focused on making sure that children are not being screwed in all of this.

Section 191– Framework for Data Processing by Government

Again a slightly odd one. The Secretary of State ‘may’ prepare a document called the ‘Framework for Data.’ It reads like they don’t have to, but they could if they wanted to.

Section 192 – Approval of the Framework

If the Secretary of State does make a Framework for Data then it needs to be approved by parliament.

Section 193 – Publication and review of the Framework

Again, if they write it, they have to publish it. Sounds fair to me.

Section 194 – Effect of the Framework

Again if the document is produced and it is approved then it has to be followed. Seems like a lot of ifs here.

Section 195 – Reserve forces: data-sharing by HMRC

There is a section dedicated to amending other legislation? Why not just amend the other legislation? Why does it have to be noted here?

Section 196 – Penalties for offences

This looks like guidance for penalties for judges.

Section 197 – Prosecution

Again more jargon, but a wee nugget here is that the statute of limitations on this act is 3 years.

Section 198 – Liability of directors etc

If a company does it the directors are liable.

Section 199 – Recordable offences

No idea what this is saying. Something to do with the National Police Records (Recordable Offences) Regulations 2000.

Section 200 – Guidance about PACE codes of practice

The Information Commissioner needs to publish guidance on how to perform under the Police and Criminal Evidence Act 1984.

Thoughts

I’m not very impressed with this section. A few rules and bits and pieces, but essentially everything here is referencing other legislation or parts of the document and this is at best needless, and at the worst design for a nefarious purpose.

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Born into the wilds of mid-western America, Matthew has lived his life creating. The kind of kid that bought a tarp, some PVC pipe and a skate board; fashioned himself a windsurfing set-up and then saw an opportunity in a local tornado. "Sorry Mom." Undergraduate in Art and Design, Doctorate in Scottish History, Matthew came late to the realisation that if he's going to use his diverse skill set he'd have to employ himself.
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