Section 41Safeguards: archiving

(1) This section applies in relation to the processing of personal data for a law enforcement purpose where the processing is [^F1carried out]—

(a)
for archiving purposes in the public interest,
(b)
for scientific or historical research purposes, or
(c)
for statistical purposes.

(2) The processing is not permitted if—

(a)
it is carried out for the purposes of, or in connection with, measures or decisions with respect to a particular data subject, or
(b)
it is likely to cause substantial damage or substantial distress to a data subject.

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 Words in s. 41(1) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 86(7), 142(1); S.I. 2026/82, reg. 2(n)

Commencement Information

I1 S. 41 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)

https://dpa2018.digiphile.law/article/article-41.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.