Section 188 — Data Protection Act 2018: Representation of data subjects with their authority: collective proceedings

Representation of data subjects with their authority: collective proceedings 188 1 The Secretary of State may by regulations make provision for representative bodies to bring proceedings before a court or tribunal in England and Wales or Northern Ireland combining two or more relevant claims.

2 In this section, “ relevant claim ”, in relation to a representative body, means a claim in respect of a right of a data subject which the representative body is authorised to exercise on the data subject's behalf under Article 80(1) of the UK GDPR or section 187.

3 The power under subsection (1) includes power—

a to make provision about the proceedings;

b to confer functions on a person, including functions involving the exercise of a discretion;

c to make different provision in relation to England and Wales and in relation to Northern Ireland.

4 The provision mentioned in subsection (3)(a) includes provision about—

a the effect of judgments and orders;

b agreements to settle claims;

c the assessment of the amount of compensation;

d the persons to whom compensation may or must be paid, including compensation not claimed by the data subject;

e costs.

5 Regulations under this section are subject to the negative resolution procedure.