[No. 6.]
S.14
Data Protection (Amendment) Act
2003.
[2003.]
(6) In proceedings in any court or other tribunal, any
provision of a code, or a code of practice, approved under
subsection (3) of this section that appears to the court or
other tribunal concerned to be relevant to the proceedings may be taken into account in determining the
question concerned.’’.
(2) A code of practice approved under subsection (2) of the said
section 13 and in force immediately before the commencement of
this section shall continue in force after such commencement as if
approved under subsection (2) (inserted by this section) of section
13 of the Principal Act.
Amendment of
section 14 (annual
report) of Principal
Act.
15.—Section 14 of the Principal Act is amended by the insertion
of the following subsection after subsection (2):
‘‘(3) For the purposes of the law of defamation, a report
under subsection (1) shall be absolutely privileged.’’.
Amendment of
section 16 (the
register) of
Principal Act.
16.—Section 16 of the Act of 1988 is amended by the substitution
of the following subsection for subsection (1):
‘‘(1) In this section ‘person to whom this section applies’
means a data controller and a data processor (other than such
(if any) categories of data controller and data processor as may
be specified in regulations made by the Minister after consultation with the Commissioner) except in so far as—
(a) they carry out—
(i) processing whose sole purpose is the keeping in
accordance with law of a register that is
intended to provide information to the public
and is open to consultation either by the public
in general or by any person demonstrating a
legitimate interest,
(ii) processing of manual data (other than such categories, if any, of such data as may be
prescribed), or
(iii) any combination of the foregoing categories of
processing,
or
(b) the data controller is a body that is not established or
conducted for profit and is carrying out processing
for the purposes of establishing or maintaining membership of or support for the body or providing or
administering activities for individuals who are either
members of the body or have regular contact with
it.’’.
Amendment of
section 17
(applications for
registration) of
Principal Act.
17.—Section 17 of the Principal Act is amended—
(a) in subsection (1)—
(i) by the substitution of the following paragraph for
paragraph (b):
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