Data Protection Act 2018 (Section 158(3)) Rules 2018.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Rules, which may be cited as the Data Protection Act 2018 (Section 158(3)) Rules 2018, shall
(i) come into operation on, and
(ii) apply to the processing of personal data referred to in rule 3 which takes place on or after,
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paragraphs: (1) In these Rules:
(2) In these Rules, save as expressly provided otherwise, terms defined in the Data Protection Regulation shall have the meanings given to them in the Data Protection Regulation.
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paragraphs: Save as otherwise provided in these Rules, these Rules shall apply to the processing of personal data by, for or on behalf of a court when acting in a judicial capacity and without prejudice to the generality of the foregoing shall include the processing of:
(i) personal data
(a) delivered to or by a court, judge, court office or court officer, or
(b) held by a court, judge, court office or court officer, or
(c) issued by a court, judge, court office or court officer,
for the purposes of or in connection with proceedings, or the performance of a judicial function, or (as the case may be) the performance by a court officer in civil proceedings of limited functions of a judicial nature conferred on that officer by law, and which forms or will form part of a court record; and
(ii) personal data created or held by
(a) a judge or a court officer or other person performing functions under the direction of a judge, or
(b) a court officer performing limited functions of a judicial nature conferred on that officer by law or a court officer or other person performing functions under the direction of such officer,
for the purposes of or in connection with proceedings, or the performance of a judicial function, or (as the case may be) the performance in civil proceedings of limited functions of a judicial nature conferred by law, and which does not form part of a court record.
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paragraphs: In accordance with section 158(1) of the 2018 Act and for the purposes of section 158(3) of the 2018 Act, save to the extent specified in rules 5 to 7 of these Rules, Articles 12 to 22 and 34 (and Article 5 in so far as its provisions correspond to the rights and obligations provided for in Articles 12 to 22) of the Data Protection Regulation and sections 87, 90, 91, 92 and 93, and section 71 insofar as it relates to those sections, of the 2018 Act shall not apply to the processing of any personal data referred to in rule 3 of these Rules.
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paragraphs: The following information specified in Articles 13 and 14 of the Data Protection Regulation and section 90 of the 2018 Act shall be made publicly available by way only of general notice published on behalf of the courts in their capacity as data controllers on the Courts Service website:
(i) the identity of the controller, being the Supreme Court, the Court of Appeal, the High Court, the Circuit Court, the District Court or a Special Criminal Court, as the case may be;
(ii) that personal data are processed by and on behalf of the courts for the purposes of the performance by the courts of their functions under the Constitution and law, as interpreted in the decisions of the courts, and the fact that the legal basis for such processing is provided for in the Constitution, in statute, (principally but without limitation the Courts of Justice Acts 1924 to 2014, the Courts (Supplemental Provisions) Acts 1961 to 2017 and, in the case of a Special Criminal Court, Part V of the Offences against the State Act 1939 ) and otherwise in law;
(iii) that material comprised in a court record may be made available to a party to the proceedings concerned (or to that party’s legal representative) or to another person
(a) where statute (other than the 2018 Act) or rules of court so require or permit, or
(b) if applicable, where the practice of the court so permits, or
(c) for the purpose of facilitating the fair and accurate reporting of a hearing in the proceedings, to a bona fide member of the Press or broadcast media at the member’s request in accordance with section 159(7) of the 2018 Act and rules made thereunder,
and that in accordance with the requirements of Article 34 of the Constitution, proceedings are generally held in public save in such special and limited cases as may be prescribed by law;
(iv) that material comprised in a court record may in certain circumstances (including, without limitation, in matters of judicial co-operation and criminal justice mutual assistance and where the transcription of digital audio records of proceedings is carried out for the Courts Service in a third country) be transferred to a third country and that where same occurs in the absence of an adequacy decision pursuant to Article 45.3 of the Data Protection Regulation, the appropriate or suitable safeguards pursuant to Article 46 of the Data Protection Regulation which have been provided and the means by which to obtain a copy of them or where they have been made available;
(v) that a court record is, by virtue of section 1(2) of the National Archives Act 1986 , a “departmental record” for the purposes of that Act and records of proceedings are therefore liable to be retained and preserved in accordance with and subject to section 7 of that Act and transferred to the National Archives in accordance with and subject to section 8 of that Act;
(vi) that the right to request access to personal data contained in a court record is confined to the circumstances where statute or rules of court or the practice of the court so permits and, for the avoidance of doubt, that no such rights are exercisable in respect of personal data referred to in rule 3(ii), which data remain confidential and immune from production;
(vii) that the right to request rectification of personal data contained in a court record is confined to the circumstances in which such right is available to a party to the proceedings concerned in accordance with rules of court and may be exercised only by the means available to such party to request rectification of a court record (including generally by application under the “slip rule” applicable in the relevant court) and, for the avoidance of doubt, that no such rights are exercisable in respect of personal data referred to in rule 3(ii), which remain confidential and immune from production;
(viii) that the nature of the obligation to provide personal data will depend on the circumstances but arises ultimately from the function conferred on courts by the Constitution and law; where the personal data is provided by a plaintiff, applicant or moving party in civil proceedings or by a complainant in criminal proceedings, it is essentially provided voluntarily and with the intention of, or directed towards, seeking a remedy in the proceedings and failure to provide it may diminish the prospects of securing that remedy; where the personal data is provided by a defendant or respondent in civil proceedings or by an accused in criminal proceedings, it is essentially provided voluntarily and with the intention of, or directed towards, defending the proceedings and failure to provide it may diminish the prospects of successfully defending the proceedings and may also involve a risk of being found in default of defence; where the personal data is provided under a summons to give evidence in any proceedings, it is essentially provided under compulsion and failure to provide it may render the person liable to be summoned in contempt of court;