Data Protection Act 2018, section 45

Right of access by the data subject

PART 3 Law enforcement processing

(1)A data subject is entitled to obtain from the controller—

(a)confirmation as to whether or not personal data concerning him or her is being processed, and

(b)where that is the case, access to the personal data and the information set out in subsection (2).

(2)That information is—

(a)the purposes of and legal basis for the processing;

(b)the categories of personal data concerned;

(c)the recipients or categories of recipients to whom the personal data has been disclosed (including recipients or categories of recipients in third countries or international organisations);

(d)the period for which it is envisaged that the personal data will be stored or, where that is not possible, the criteria used to determine that period;

(e)the existence of the data subject's rights to request from the controller—

(i)rectification of personal data (see section 46), and

(ii)erasure of personal data or the restriction of its processing (see section 47);

[F199 (ea)the existence of the data subject’s right to make a complaint to the controller (see section 164A);F199]

(f)the existence of the data subject's right to lodge a complaint with the [F200CommissionF200][F201 (see section 165)F201] and the contact details of the [F200CommissionF200] ;

(g)communication of the personal data undergoing processing and of any available information as to its origin.

[F202 (2A)Under subsection (1), the data subject is only entitled to such confirmation, personal data and other information as the controller is able to provide based on a reasonable and proportionate search for the personal data and other information described in that subsection.F202]

(3)Where a data subject makes a request under subsection (1), the information to which the data subject is entitled must be provided in writing —

(a)without undue delay, and

(b)in any event, before the end of the applicable time period (as to which see section 54).

(4)The controller may restrict, wholly or partly, the rights conferred by subsection (1) to the extent that and for so long as the restriction is, having regard to the fundamental rights and legitimate interests of the data subject, a necessary and proportionate measure to—

(a)avoid obstructing an official or legal inquiry, investigation or procedure;

(b)avoid prejudicing the prevention, detection, investigation or prosecution of criminal offences or the execution of criminal penalties;

(c)protect public security;

F203(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)protect the rights and freedoms of others.

(5)Where the rights of a data subject under subsection (1) are restricted [F204under subsection (4)F204] , wholly or partly, the controller must inform the data subject in writing without undue delay [F205and in any event before the end of the applicable time period (as to which see section 54)F205] —

(a)that the rights of the data subject have been restricted,

(b)of the reasons for the restriction,

(c)of the data subject's right to make a request to the [F206CommissionF206] under section 51,

[F207 (ca)of the data subject’s right to make a complaint to the controller under section 164A,F207]

(d)of the data subject's right to lodge a complaint with the [F206CommissionF206][F208 under section 165F208] , and

(e)of the data subject's right to apply to a court under section 167.

(6)Subsection (5)(a) and (b) do not apply to the extent that the provision of the information would undermine the purpose of the restriction.

(7)The controller must—

(a)record the reasons for a decision to restrict (whether wholly or partly) the rights of a data subject under subsection (1) [F209in reliance on subsection (4)F209] , and

(b)if requested to do so by the [F210CommissionF210] , make the record available to the [F210CommissionF210] .

Definitions used in section 45 5

controller

(1) In this Part, “controller” means the competent authority which, alone or jointly with others—

(a)determines the purposes and means of the processing of personal data, or

(b)is the controller by virtue of subsection (2).

Defined in s.32(1) · see it in the full Act
the controller

(5) In this Chapter, “the controller”, in relation to a data subject, means the controller in relation to personal data relating to the data subject.

Defined in s.43(5) · see it in the full Act
Recipient

(5) “Recipient”, in relation to any personal data, means any person to whom the data is disclosed, whether a third party or not, but it does not include a public authority to whom disclosure is or may be made in the framework of a particular inquiry in accordance with the law.

Defined in s.33(5) · see it in the full Act
Third country

(7) “Third country” means a country or territory outside the United Kingdom .

Defined in s.33(7) · see it in the full Act
international organisation

“international organisation” means an organisation and its subordinate bodies governed by international law, or any other body which is set up by, or on the basis of, an agreement between two or more countries;

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

Cases considering section 45 4

Dalton, R (On the Application Of) v The Crown Prosecution Service (CPS)

[2020] EWHC 2013 (Admin) · 27 July 2020Interprets

Applies the statutory subject access right to personal data held by a controller. The original claim concerned the CPS’s refusal to respond lawfully to a request made under this provision, although the later decisions involved document-by-document consideration and disclosure. (see paras [3]; [17]-[19]; [40]) Confirms that reliance on the criminal-investigation exemption requires an evaluative judgment, including consideration of necessity and proportionality. The CPS’s original blanket reliance on this provision was accepted to be unlawful because it failed to consider each item of data individually. (see paras [36]; [40]-[43]) Applies the third-party rights exemption to permit redaction of information capable of identifying other individuals. The exemption applies even where the requester may already have obtained the information by other means, because the third parties retain equivalent data-protection rights. (see paras [41]; [47]-[52]; [68])

Jada Bailey, R (on the application of) v HM Senior Coroner for East London

[2025] EWHC 1637 (Admin) · 30 June 2025

Section 45 was mentioned in the context of advice that the serious case review author was not a data controller and could not release requested documents. The judgment did not determine the provision’s construction. (see para [38])

Ben Peter Delo, R (on the application of) v The Information Commissioner & Anor

[2022] EWHC 3046 (Admin) · 2 December 2022

Confirms the continuing statutory right to apply to a controller for access to personal data.

What each judgment says about section 45 is in the case-law panel in the full Act.

Amendments and notes

13 notes from legislation.gov.uk

Amendments

  1. F199S. 45(2)(ea) inserted (19.6.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 10 para. 11(2)(a); S.I. 2026/82, reg. 3(b) (with reg. 7)
  2. F200Word in s. 45(2)(f) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
  3. F201Words in s. 45(2)(f) inserted (19.6.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 10 para. 11(2)(b); S.I. 2026/82, reg. 3(b) (with reg. 7)
  4. F202S. 45(2A) inserted (retrospective to 1.1.2024) by Data (Use and Access) Act 2025 (c. 18), ss. 78(3)(5), 142(2)(b)
  5. F203S. 45(4)(d) omitted (5.9.2025) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 88(4)(a), 142(1); S.I. 2025/996, reg. 2(1)(b) (with reg. 4)
  6. F204Words in s. 45(5) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 88(4)(b), 142(1); S.I. 2025/996, reg. 2(1)(b) (with reg. 4)
  7. F205Words in s. 45(5) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 76(5), 142(1); S.I. 2026/82, reg. 2(h) (with reg. 4)
  8. F206Word in s. 45(5)(c)(d) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
  9. F207S. 45(5)(ca) inserted (19.6.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 10 para. 11(3)(a); S.I. 2026/82, reg. 3(b) (with reg. 7)
  10. F208Words in s. 45(5)(d) inserted (19.6.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 10 para. 11(3)(b); S.I. 2026/82, reg. 3(b) (with reg. 7)
  11. F209Words in s. 45(7)(a) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 88(4)(c), 142(1); S.I. 2025/996, reg. 2(1)(b) (with reg. 4)
  12. F210Word in s. 45(7)(b) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement

  1. I45S. 45 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)