Data Protection Act 2018UK · 2018 c. 12
Digiphile
Data Protection Act 2018 (c. 12) – Section 175 – Provision of assistance in special purposes proceedings

Sections

Section 175Provision of assistance in special purposes proceedings

(1) An individual who is a party, or prospective party, to special purposes proceedings may apply to the [F1Commission] for assistance in those proceedings.
(2) As soon as reasonably practicable after receiving an application under subsection (1), the [F1Commission] must decide whether, and to what extent, to grant it.
(3) The [F1Commission] must not grant the application unless, in the [F1Commission's] opinion, the case involves a matter of substantial public importance.
(4) If the [F1Commission] decides not to provide assistance, the [F1Commission] must, as soon as reasonably practicable, notify the applicant of the decision, giving reasons for the decision.
(5) If the [F1Commission] decides to provide assistance, the [F1Commission] must—
  • (a)
    as soon as reasonably practicable, notify the applicant of the decision, stating the extent of the assistance to be provided, and
  • (b)
    secure that the person against whom the proceedings are, or are to be, brought is informed that the [F1Commission] is providing assistance.
(6) The assistance that may be provided by the [F1Commission] includes—
  • (a)
    paying costs in connection with the proceedings, and
  • (b)
    indemnifying the applicant in respect of liability to pay costs, expenses or damages in connection with the proceedings.
(7) In England and Wales or Northern Ireland, the recovery of expenses incurred by the [F1Commission] in providing an applicant with assistance under this section (as taxed or assessed in accordance with rules of court) is to constitute a first charge for the benefit of the [F1Commission]—
  • (a)
    on any costs which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
  • (b)
    on any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid, or bring to an end, any proceedings.
(8) In Scotland, the recovery of such expenses (as taxed or assessed in accordance with rules of court) is to be paid to the [F1Commission], in priority to other debts—
  • (a)
    out of any expenses which, by virtue of any judgment or order of the court, are payable to the applicant by any other person in respect of the matter in connection with which the assistance is provided, and
  • (b)
    out of any sum payable to the applicant under a compromise or settlement arrived at in connection with that matter to avoid, or bring to an end, any proceedings.

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

  1. F1 Word in s. 175 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

  1. I1 S. 175 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

https://dpa2018.digiphile.law/article/article-175.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.

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