Data Protection Act 2018

Expert evidence

153. (1) In any proceedings under the Data Protection Regulation or this Act, the opinion of any witness who appears to possess the appropriate qualifications or experience as respects the matter to which his or her evidence relates shall, subject to subsection (2), be admissible in evidence as regards any matter calling for expertise or special knowledge that is relevant to the proceedings and, in particular and without prejudice to the generality of the foregoing, the following matters, namely—

(a) the effects that types of data processing such as profiling may have, or have had, on the protection of personal data, and

(b) an explanation of any relevant practices or the application of such practice, where such an explanation would assist the proceedings.

(2) Notwithstanding subsection (1), a court may, where in its opinion the interests of justice require it to so direct in the proceedings concerned, direct that evidence of a general or specific kind referred to in that subsection shall not be admissible in proceedings or shall be admissible in such proceedings for specified purposes only.