Section 194 — Data Protection Act 2018: Effect of the Framework

Effect of the Framework 194 1 When carrying out processing of personal data which is the subject of a document issued under section 192(3) which is for the time being in force, a person must have regard to the document.

2 A failure to act in accordance with a provision of such a document does not of itself make a person liable to legal proceedings in a court or tribunal.

3 A document issued under section 192(3), including an amendment or replacement document, is admissible in evidence in legal proceedings.

4 In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of any document issued under section 192(3) 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.

5 In determining a question arising in connection with the carrying out of any of the Commissioner's functions, the Commissioner must take into account a provision of a document issued under section 192(3) 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.