Data Protection Act 2018

Amendment of Disability Act 2005

202. The Disability Act 2005 is amended—

(a) in section 12, by the deletion of subsection (3),

(b) in section 13, by the deletion of subsection (4),

(c) in section 41—

(i) by the deletion of the definition of “the Acts”,

(ii) by the substitution of the following definition for the definition of “processing”:

“ ‘processing’ means processing within the meaning of the Data Protection Regulation;”,


(iii) by the insertion of the following definition:

“ ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201633 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);”,

(d) in section 42—

(i) by the substitution, in subsection (1)(b), of “the Data Protection Regulation”, for “the Acts”,

(ii) by the deletion, in subsection (2)(a), of “save in accordance with the provisions of section 12A of the Data Protection Act 1988 (as inserted by the Data Protection (Amendment) Act 2003 ”,

(iii) by the substitution of the following subsection for subsection (4):

“(4) A person who contravenes subsection (2) or (3) shall be guilty of an offence and shall be liable—

(a) on summary conviction, to a class A fine, or

(b) on conviction on indictment, to a fine not exceeding €100,000.”,


(iv) by the insertion of the following subsections:

“(5) Where a person is convicted of an offence under subsection (4), the court may order any personal data that appears to the court to be connected with the commission of the offence to be destroyed or erased.

(6) The court shall not make an order under subsection (5) where it considers that a person other than the person convicted of the offence concerned may be the owner of, or otherwise interested in, the data concerned, unless such steps as are reasonably practicable have been taken for notifying that person and giving him or her an opportunity to show cause why the order should not be made.”,

(e) by the deletion of section 43, and

(f) in section 45, by the deletion of subsection (1).

33 OJ No. L 119, 4.5.2016, p.1