Data Protection Act 2018, section 31

“The law enforcement purposes”

PART 3 Law enforcement processing

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.

Cases considering section 31 9

YZ v The Chief Constable of South Wales Police

[2022] EWCA Civ 683 · 19 May 2022Defines

Section 31 defines law-enforcement purposes as including prevention, investigation, detection or prosecution of criminal offences, execution of criminal penalties, and safeguarding against or preventing threats to public security. Retention directed to policing and safeguarding risks falls within that purpose. (see para [25])

Geoffrey Driver v Crown Prosecution Service

[2022] EWHC 2500 (KB) · 10 October 2022Defines

Section 31 was applied to classify processing connected with the prevention, investigation, detection or prosecution of criminal offences as law-enforcement processing. (see paras [84]; [86])

Elgizouli, R. (On Application of) v The Secretary of State for the Home Department

[2020] EWHC 2516 (Admin) · 22 September 2020Defines

Defines law-enforcement purposes to include the prevention, investigation, detection and prosecution of criminal offences. The court used that definition to identify the specific task against which necessity had to be assessed (see para [55]).

What each judgment says about section 31 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I30S. 31 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)