Section 183A — Data Protection Act 2018: Protection of prohibitions and restrictions etc on processing: relevant enactments

Protection of prohibitions and restrictions etc on processing: relevant enactments 183A 1 A relevant enactment or rule of law which imposes a duty, or confers a power, to process personal data does not override a requirement under the main data protection legislation relating to the processing of personal data.

2 Subsection (1) does not apply—

a to a relevant enactment forming part of the main data protection legislation, or b to the extent that an enactment makes express provision to the contrary referring to this section or to the main data protection legislation (or a provision of that legislation).

3 Subsection (1) does not prevent a duty or power to process personal data from being taken into account for the purpose of determining whether it is possible to rely on an exception to a requirement under the main data protection legislation that is available where there is such a duty or power.

4 In this section— “ the main data protection legislation ” means the data protection legislation other than provision of or made under— Chapter 6 or 8 of the UK GDPR, or Parts 5 to 7 of this Act; “ relevant enactment ” means an enactment so far as passed or made on or after 20th August 2025 ; “ requirement ” includes a prohibition or restriction.

5 The reference in subsection (1) to an enactment or rule of law which imposes a duty, or confers a power, to process personal data is a reference to an enactment or rule of law which, directly or indirectly, requires or authorises the processing of personal data, including (for example)—

a by authorising one person to require another person to process personal data, or b by removing restrictions on processing personal data, and the references in subsection (3) to a duty or power are to be read accordingly.