Data Protection Act 2018, section 8

Lawfulness of processing: public interest etc

PART 2 General processing

F49In Article 6(1) of the [F48UK GDPRF48] (lawfulness of processing), the reference in point (e) to processing of personal data that is necessary for the performance of a task carried out in the public interest or in the exercise of ... official authority includes processing of personal data that is necessary for—

(a)the administration of justice,

(b)the exercise of a function of either House of Parliament,

(c)the exercise of a function conferred on a person by an enactment or rule of law,

(d)the exercise of a function of the Crown, a Minister of the Crown or a government department, or

(e)an activity that supports or promotes democratic engagement.

Definitions used in section 8 3

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
Minister of the Crown

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975 ;

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

“government department” includes the following (except in the expression “United Kingdom government department”)—

(a)

a part of the Scottish Administration;

(b)

a Northern Ireland department;

(c)

the Welsh Government;

(d)

a body or authority exercising statutory functions on behalf of the Crown;

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

Cases considering section 8 8

Chowdhury Mueen-Uddin Secretary of State for the Home Department

[2022] EWCA Civ 1073 · 28 July 2022

The court treated the public-interest condition as relevant to assessing lawful processing, because accuracy of the statements would bear on whether publication was in the public interest. The accuracy claim therefore shared the abusive features of the libel claim. (see para [61])

YSL v Surrey and Borders Partnership NHS Foundation Trust

[2024] EWHC 391 (KB) · 22 February 2024Interprets

The public-interest processing basis includes functions conferred by enactment or rule of law. Healthcare provision was held to fall within that description (see paras [147]-[148]).

Anthony Dixon v North Bristol NHS Trust

[2022] EWHC 3127 (KB) · 7 December 2022Interprets

The judgment confirms that section 8 identifies administration of justice and other functions as examples relevant to Article 6(1)(e), but holds that the examples are not exhaustive (see paras [47], [75], [104]).

What each judgment says about section 8 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F49Words in s. 8 omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 70(7), 142(1); S.I. 2026/82, reg. 2(c)
  2. F48Words in s. 8 substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 11 (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

Commencement

  1. I9S. 8 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(b)