Data Protection Act 2018

Amendment of section 39 of Commissions of Investigation Act 2004

198. Section 39 of the Commissions of Investigation Act 2004 is amended—

(a) by designating the section as subsection (1),

(b) in that designated subsection (1), by the substitution of “Article 15 (Right of access) of the Data Protection Regulation is restricted, to the extent necessary and proportionate to safeguard the effective operation of commissions and the future cooperation of witnesses, in so far as it relates to personal data (within the meaning of that Regulation) provided to a commission” for “ Section 4 of the Data Protection Act 1988 does not apply to personal data provided to a commission”, and

(c) by the insertion of the following subsection after subsection (1):

“(2) In this section, ‘Data Protection Regulation’ means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 201629 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).”.

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