Data Protection Act 2018, Schedule 2, paragraph 14

Judicial appointments, judicial independence and judicial proceedings

SCHEDULE 2 Exemptions etc from the UK GDPR

14 (1) The listed GDPR provisions do not apply to personal data processed for the purposes of assessing a person's suitability for judicial office or the office of Queen's Counsel.

(2) The listed GDPR provisions do not apply to personal data processed by—

(a) an individual acting in a judicial capacity, or

(b) a court or tribunal acting in its judicial capacity.

(3) As regards personal data not falling within sub-paragraph (1) or (2), the listed GDPR provisions do not apply to the extent that the application of those provisions would be likely to prejudice judicial independence or judicial proceedings.

Definitions used in Schedule 2, paragraph 14 3

the listed GDPR provisions

1 In this Part of this Schedule, “the listed GDPR provisions” means—

(a) the following provisions of the UK GDPR (the rights and obligations in which may be restricted by virtue of Article 23(1) of the UK GDPR )—

(i) Article 13(1) to (3) (personal data collected from data subject: information to be provided);

(ii) Article 14(1) to (4) (personal data collected other than from data subject: information to be provided);

(iii) Article 15(1) to (3) (confirmation of processing, access to data and safeguards for third country transfers);

(iv) Article 16 (right to rectification);

(v) Article 17(1) and (2) (right to erasure);

(vi) Article 18(1) (restriction of processing);

(vii) Article 19 (notification obligation regarding rectification or erasure of personal data or restriction of processing);

(viii) Article 20(1) and (2) (right to data portability);

(ix) Article 21(1) (objections to processing);

(x) Article 5 (general principles) so far as its provisions correspond to the rights and obligations provided for in the provisions mentioned in sub-paragraphs (i) to (ix); and

(b) the following provisions of the UK GDPR (the application of which may be adapted by virtue of Article 6(3) of the UK GDPR )—

(i) Article 5(1)(a) (lawful, fair and transparent processing), other than the lawfulness requirements set out in Article 6;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Defined in Sch.2 para.1 · see it in the full Act

18 In this Part of this Schedule, “the listed GDPR provisions” means the following provisions of the UK GDPR (the rights and obligations in which may be restricted by virtue of Article 23(1) of the UK GDPR )—

(a) Article 13(1) to (3) (personal data collected from data subject: information to be provided);

(b) Article 14(1) to (4) (personal data collected other than from data subject: information to be provided);

(c) Article 15(1) to (3) (confirmation of processing, access to data and safeguards for third country transfers);

(d) Article 5 (general principles) so far as its provisions correspond to the rights and obligations provided for in the provisions mentioned in sub-paragraphs (a) to (c).

Defined in Sch.2 para.18 · see it in the full Act

6 In this Part of this Schedule, “the listed GDPR provisions” means the following provisions of the UK GDPR (the rights and obligations in which may be restricted by virtue of Article 23(1) of the UK GDPR )—

(a) Article 13(1) to (3) (personal data collected from data subject: information to be provided);

(b) Article 14(1) to (4) (personal data collected other than from data subject: information to be provided);

(c) Article 15(1) to (3) (confirmation of processing, access to data and safeguards for third country transfers);

(d) Article 16 (right to rectification);

(e) Article 17(1) and (2) (right to erasure);

(f) Article 18(1) (restriction of processing);

(g) Article 19 (notification obligation regarding rectification or erasure of personal data or restriction of processing);

(h) Article 20(1) and (2) (right to data portability);

(i) Article 21(1) (objections to processing);

(j) Article 5 (general principles) so far as its provisions correspond to the rights and obligations provided for in the provisions mentioned in sub-paragraphs (a) to (i).

Defined in Sch.2 para.6 · see it in the full Act
tribunal

“tribunal” means any tribunal in which legal proceedings may be brought;

Defined in s.205(1) · see it in the full Act
the Tribunal

“the Tribunal”, in relation to an application or appeal under this Act, means—

(a)

the Upper Tribunal, in any case where it is determined by or under Tribunal Procedure Rules that the Upper Tribunal is to hear the application or appeal, or

(b)

the First-tier Tribunal, in any other case.

Defined in s.205(1) · see it in the full Act

Cases considering Schedule 2, paragraph 14 3

Johnson v Secretary of State for the Home Department

[2020] EWCA Civ 1032 · 6 August 2020Limits

Paragraph 14 was identified as the restriction concerning prejudice to judicial proceedings. (see para [44]) Paragraph 14(3) permitted restriction of the relevant GDPR provisions where their application would be likely to prejudice judicial proceedings. (see para [48])

CJ v Secretary of State for the Home Department

[2019] UKUT 126 (IAC) · 8 March 2019

The listed GDPR rights did not apply where their application would be likely to prejudice judicial independence or judicial proceedings. It was part of the cumulative basis for rejecting the appellant’s objection to processing (see paras [34]-[38]).

Thomas Cole v Marlborough College

[2024] EWHC 3575 (KB) · 13 December 2024Limits

The court rejected the argument that the inspection principle was confined to the judicial exemption. The same principle applied regardless of the exemption relied upon. (see paras [24]-[25]; [31]-[32])

What each judgment says about Schedule 2, paragraph 14 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I285Sch. 2 para. 14 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)