Section 127 — Data Protection Act 2018: Effect of codes issued under section 125(4)

Effect of codes issued under section 125(4) 127 1 A failure by a person to act in accordance with a provision of a code issued under section 125(4) does not of itself make that person liable to legal proceedings in a court or tribunal.

2 A code issued under section 125(4), including an amendment or replacement code, is admissible in evidence in legal proceedings.

3 In any proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code issued under section 125(4) in determining a question arising in the proceedings if—

a the question relates to a time when the provision was in force, and b the provision appears to the court or tribunal to be relevant to the question.

4 Where the Commissioner is carrying out a function described in subsection (5), the Commissioner must take into account a provision of a code issued under section 125(4) in determining a question arising in connection with the carrying out of the function if—

a the question relates to a time when the provision was in force, and b the provision appears to the Commissioner to be relevant to the question.

5 Those functions are functions under—

a the data protection legislation, or b the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).