Section 78A | National security exemption ^F1

From legislation.gov.uk

(1)A provision mentioned in subsection (2) does not apply to personal data processed for law enforcement purposes if exemption from the provision is required for the purposes of safeguarding national security.

(2)The provisions are—

(a)Chapter 2 of this Part (principles), except for the provisions listed in subsection (3);

(b)Chapter 3 of this Part (rights of the data subject);

(c)in Chapter 4 of this Part—

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

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

(d)Chapter 5 of this Part (transfers of personal data to third countries etc), except for the provisions listed in subsection (4);

(e)in —

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

(ia) (standard clauses for transfers to third countries);^F2

(ii)in (other general functions of the Commissioner), paragraphs 1(1)(a) and (g) and 2;

(f)in —

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

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

(g)in Part , section (representation of data subjects).

(3)The provisions of Chapter 2 of this Part (principles) which are excepted from the list in subsection (2) are—

(a) (the first data protection principle) so far as it requires processing of personal data to be lawful;

(b);

(d) (conditions for sensitive processing).

(4)The provisions of Chapter 5 of this Part (transfers of personal data to third countries etc) which are excepted from the list in subsection (2) are—

(a)the following provisions of —

(i)subsection (1)(a) (conditions for transfer), so far as it relates to the condition in subsection (2) of that section, and subsection (2) (transfer must be necessary for a law enforcement purpose);

(ii)subsections (1)(b), (5) and (6) (conditions for transfer of personal data originally made available by a member State);

(b) (subsequent transfers).