Data Protection Act 2018 (c. 12) – Section 172 – Re-identification: effectiveness testing conditions

Sections

Section 172Re-identification: effectiveness testing conditions

(1) For the purposes of section 171, in relation to a person who re-identifies information that is de-identified personal data, “the effectiveness testing conditions” means the conditions in subsections (2) and (3).

(2) The first condition is that the person acted—

(a)
with a view to testing the effectiveness of the de-identification of personal data,
(b)
without intending to cause, or threaten to cause, damage or distress to a person, and
(c)
in the reasonable belief that, in the particular circumstances, re-identifying the information was justified as being in the public interest.

(3) The second condition is that the person notified the [^F1Commission] or the controller responsible for de-identifying the personal data about the re-identification—

(a)
without undue delay, and
(b)
where feasible, not later than 72 hours after becoming aware of it.

(4) Where there is more than one controller responsible for de-identifying personal data, the requirement in subsection (3) is satisfied if one or more of them is notified.

Amended text

This Section is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 30 September 2026, ELI), as incorporated in the text in force on 30 September 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Word in s. 172(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Commencement Information

I1 S. 172 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

https://dpa2018.digiphile.law/article/article-172.html

Text as at 18 September 2026.

This is an unofficial convenience version of the Data Protection Act 2018. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.