Q&As

Are private/independent fee-paying schools likely to be considered 'public authorities' for the purposes of the GDPR and Data Protection Bill?

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Published on LexisPSL on 05/01/2018

The following Information Law Q&A provides comprehensive and up to date legal information covering:

  • Are private/independent fee-paying schools likely to be considered 'public authorities' for the purposes of the GDPR and Data Protection Bill?
  • Background
  • The meaning of public authority in the DPB 2017
  • The mearing of public authority under the freedom of information regime

In answering this Q&A, we have assumed that this Q&A is referring to the position under the proposed Data Protection Bill (the DPB 2017) and the forthcoming General Data Protection Regulation (the GDPR), Regulation (EU) 2016/679.

Background

The GDPR will become directly applicable and fully enforceable in all EU Member States from 25 May 2018. The GDPR will introduce substantial amendments to data protection law in the UK and Directive 95/46/EC (Data Protection Directive) and Data Protection Act 1998 (DPA 1998) will be replaced.

As a regulation, specific implementing legislation is not required to transpose the GDPR into domestic law, although the GDPR does allow Member States to introduce further domestic provisions in a number of areas. In the UK, the government has introduced

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