Offences under the Data Protection Act 2018

Copyright © 2025 LexisNexis
Produced in partnership with Sam Thomas of 2BR
Practice notes

Offences under the Data Protection Act 2018

Copyright © 2025 LexisNexis

Produced in partnership with Sam Thomas of 2BR

Practice notes
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This Practice Note explains the criminal offences contained within the Data Protection Act 2018 (DPA 2018). These provisions came into force on 25 May 2018.

For information about the purpose and scope of DPA 2018, see Practice Note: The Data Protection Act 2018.

DPA 2018 repealed the Data Protection Act 1998 (DPA 1998) as of 25 May 2018. Data protection offences which occurred prior to 25 May 2018, may still be prosecuted under DPA 1998 after that legislation has been repealed. For information on data protection and data handling offences under DPA 1998, see Practice Notes: Unlawfully obtaining data under the Data Protection Act 1998 [Archived] and Notification offences under the Data Protection Act 1998 [Archived].

The DPA 2018 was amended, by the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations, SI 2019/419, to amend reference to ‘GDPR’ to ‘UK GDPR’ which came into effect on 31 December 2020.

DPA 2018 creates a number of principal and ancillary criminal offences in relation to personal data:

  1. •

    unlawful obtaining etc of data

Sam Thomas
Sam Thomas

Barrister, 2BR

·       Sam is the Vice Chair of the Association of Disciplinary and Regulatory Lawyers (ARDL), and is the Chair of the Sports Law Practise Group. He represents professionals and regulators, primarily in the healthcare sector, in respect of disciplinary proceedings and NHS Performer and Contractor disputes, with appellant experience in the Administrative Court.
 
·       Sam’s experience in financial regulation is growing. He regularly represents The Pension Regulator (TPR) in proceedings in the First Tier Tribunal and has recently appeared in the Upper Tribunal in relation significant matters of law. Sam has provided advice to the Financial Conduct Authority (FCA).
 
·       The Police Federation have instructed Sam to defend police officers accused of police misconduct, and criminal contempt. 
 
·       He regularly appears before the General Dental Council (GDC), General Optical Council (GOC), UK Council for Psychotherapy (UKCP) and the Nursing and Midwifery Council (NMC), and has advised with regard to the gamut of allegations relevant to fitness to practise. Sam has also served as the Interim Head of Professional Discipline for the Association of Optometrists (which insures 89 percent of the optometrists in the UK.)
 
·       When representing Registrants, Sam has successfully defended allegations of misconduct including: negligent clinical performance; poor record keeping; inappropriate sexual conduct; and acts of dishonesty. Sam is adept at utilising expert evidence within his written and oral advocacy.

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Data definition
What does Data mean?

This term is not defined in the cpr. In normal usage it means information that has been organised and categorised for a pre-determined purpose.

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