Data Protection Act 2018, section 30

Meaning of “competent authority”

PART 3 Law enforcement processing

(1) In this Part, “competent authority” means—

(a)a person specified or described in Schedule 7, and

(b)any other person if and to the extent that the person has statutory functions for any of the law enforcement purposes.

(2)But an intelligence service is not a competent authority within the meaning of this Part.

(3)The Secretary of State may by regulations amend Schedule 7—

(a)so as to add or remove a person or description of person;

(b)so as to reflect any change in the name of a person specified in the Schedule.

(4)Regulations under subsection (3) which make provision of the kind described in subsection (3)(a) may also make consequential amendments of section 73(4)(b).

(5)Regulations under subsection (3) which make provision of the kind described in subsection (3)(a), or which make provision of that kind and of the kind described in subsection (3)(b), are subject to the affirmative resolution procedure.

(6)Regulations under subsection (3) which make provision only of the kind described in subsection (3)(b) are subject to the negative resolution procedure.

(7)In this section—

  • “intelligence service” means—

    (a)

    the Security Service;

    (b)

    the Secret Intelligence Service;

    (c)

    the Government Communications Headquarters;

  • “statutory function” means a function under or by virtue of an enactment.

Definitions used in section 30 4

the law enforcement purposes

For the purposes of this Part, “the law enforcement purposes” are the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the safeguarding against and the prevention of threats to public security.

Defined in s.31 · see it in the full Act
the affirmative resolution procedure

(7) For the purposes of this Act, where regulations are subject to “the affirmative resolution procedure” the regulations may not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

Defined in s.182(7) · see it in the full Act
the negative resolution procedure

(6) For the purposes of this Act, where regulations are subject to “the negative resolution procedure” the statutory instrument containing the regulations is subject to annulment in pursuance of a resolution of either House of Parliament.

Defined in s.182(6) · see it in the full Act
enactment

“enactment” includes—

(a)

an enactment passed or made after this Act,

(b)

an enactment comprised in subordinate legislation,

(c)

an enactment comprised in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,

(d)

an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament, ...

(e)

an enactment comprised in, or in an instrument made under, Northern Ireland legislation; and

(f)

any assimilated direct legislation;

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

Cases considering section 30 3

Harry Miller (R on the application of) v The College of Policing

[2021] EWCA Civ 1926 · 20 December 2021Defines

The court treated the collection of non-crime hate incident data as processing for law-enforcement purposes, including the prevention, investigation and detection of crime and protection against public-security threats. (see para [20]) Cited only.

M, R (On the Application Of) v The Chief Constable of Sussex Police

[2021] EWCA Civ 42 · 19 January 2021Defines

Used with Schedule 7 to identify the competent-authority framework for Part 3 processing. (see para [35])

M, R (on the application of) v The Chief Constable of Sussex Police & Anor

[2019] EWHC 975 (Admin) · 15 April 2019Defines

The defendant was a competent authority for Part 3 purposes. (see para [54])

What each judgment says about section 30 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Commencement

  1. I28S. 30 in force at Royal Assent for specified purposes, see s. 212(2)(f) text for certain specified purposes only, see the commentary.
  2. I29S. 30 in force in so far as not already in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)