[2003.]
Data Protection (Amendment) Act
2003.
[No. 6.]
(II) to supply him or her with data relating to S.5
that other person obtained as a result of
such a request.
(b) A person who contravenes paragraph (a) of
this subsection shall be guilty of an offence.’’.
6.—Section 5 of the Principal Act is amended by the insertion in
subsection (1) before paragraph (h) of the following paragraph:
‘‘(gg) kept by the Commissioner or the Information Commissioner for the purposes of his or her functions,’’.
7.—Section 6 of the Principal Act is amended—
(a) in subsection (1), by the insertion after ‘‘where appropriate,’’ of ‘‘blocked or’’, and
Amendment of
section 5
(restriction of right
of access) of
Principal Act.
Amendment of
section 6 (right of
rectification or
erasure) of
Principal Act.
(b) by the substitution of the following subsection for subsection (2):
‘‘(2) Where a data controller complies, or is deemed
to have complied, with a request under subsection (1) of
this section, he or she shall, as soon as may be and in any
event not more than 40 days after the request has been
given or sent to him or her, notify—
(a) the individual making the request, and
(b) if such compliance materially modifies the data
concerned, any person to whom the data were
disclosed during the period of 12 months
immediately before the giving or sending of
the request unless such notification proves
impossible or involves a disproportionate
effort,
of the rectification, blocking, erasure or statement
concerned.’’.
8.—The following sections are inserted in the Principal Act after
section 6:
‘‘Right of data
subject to object to
processing likely to
cause damage or
distress.
6A.—(1) Subject to subsection (3) and unless
otherwise provided by any enactment, an individual is entitled at any time, by notice in writing
served on a data controller, to request him or her
to cease within a reasonable time, or not to begin,
processing or processing for a specified purpose
or in a specified manner any personal data in
respect of which he or she is the data subject if
the processing falls within subsection (2) of this
section on the ground that, for specified
reasons—
(a) the processing of those data or their processing for that purpose or in that
manner is causing or likely to cause
substantial damage or distress to him
or her or to another person, and
21
Certain rights of
data subjects.