Part 3 Law Enforcement Processing (ss 29-81)
Part 3 Law Enforcement Processing (ss 29-81)

29 Processing to which this Part applies

(1)     This Part applies to—

(a)     the processing by a competent authority of personal data wholly or partly by automated means, and

(b)     the processing by a competent authority otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system.

(2)     Any reference in this Part to the processing of personal data is to processing to which this Part applies.

(3)     For the meaning of “competent authority”, see section 30.


30 Meaning of “competent authority”

(1)     In this Part, “competent authority” means—

(a)     a person specified or described in Schedule 7, and

(b)     any other person if and to the extent that the person has statutory functions for any of the law enforcement purposes.

(2)     But an intelligence service is not a competent authority within the meaning of this Part.

(3)     The Secretary of State may by regulations amend Schedule 7—

(a)     so as to add or remove a person or description of person;

(b)     so as to reflect any change in the name of a person specified in the Schedule.

(4)     Regulations under subsection (3) which make provision of the kind described in subsection (3)(a) may also make consequential amendments of section 73(4)(b).

(5)     Regulations under subsection (3) which make provision of the kind described in subsection (3)(a), or which make provision of that kind and of the kind described in subsection (3)(b), are subject to the affirmative resolution procedure.

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