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Section 26 | National security and defence exemption

From legislation.gov.uk

(1)A provision of the UK GDPR or this Act mentioned in subsection (2) does not apply to personal data to which the UK GDPR applies if exemption from the provision is required for—F1F2

(a)the purpose of safeguarding national security, or

(b)defence purposes.

(2)The provisions are—

(a)Chapter II of the UK GDPR (principles) except for—F3

(i)Article 5(1)(a) (lawful, fair and transparent processing), so far as it requires processing of personal data to be lawful;

(ii)Article 6 (lawfulness of processing);

(iii)Article 9 (processing of special categories of personal data);

(b)Chapter III of the UK GDPR (rights of data subjects);F4

(c)in Chapter IV of the UK GDPR—F5

(i)Article 33 (notification of personal data breach to the Commissioner);

(ii)Article 34 (communication of personal data breach to the data subject);

(d)Chapter V of the UK GDPR (transfers of personal data to third countries or international organisations);F6

(e)in Chapter VI of the UK GDPR—F7

(i)Article 57(1)(a) and (h) (Commissioner's duties to monitor and enforce the UK GDPR and to conduct investigations);F7

(ii)Article 58 (investigative, corrective, authorisation and advisory powers of Commissioner);

(f)Chapter VIII of the UK GDPR (remedies, liabilities and penalties) except for—F8

(ai)RepealedF9

(i)Article 83 (general conditions for imposing administrative fines);

(ii)Article 84 (penalties);

(fa)RepealedF10

(g)in of this Act—

(i)in (general functions of the Commissioner), subsections (3) and (8);

(ii)in , so far as it relates to Article 58(2)(i) of the UK GDPR;F11

(iii) (inspection in accordance with international obligations);

(iv) (standard clauses for transfers to third countries);F12

(h)in of this Act—

(i)sections to 4 and Schedule 15 (Commissioner's notices and powers of entry and inspection);

(ii)sections to (offences relating to personal data);

(i)in of this Act, (representation of data subjects).