Data Protection Act 2018 (c. 12) – Section 42A – Further provision about sensitive processing
Sections
Section 42A[F1Further provision about sensitive processing
(1) The Secretary of State may by regulations—
- (a)make provision so that an additional description of processing of personal data is sensitive processing for the purposes of this Part,
- (b)make provision so that added processing is not sensitive processing for the purposes of this Part,
- (c)make provision so that a protected condition in Schedule 8 may or may not be relied on in connection with added processing, and
- (d)make provision varying such a condition as it relates to added processing.
(2) In subsection (1)—
- “added processing” means a description of processing which is sensitive processing by virtue of provision made under subsection (1)(a);
- “protected condition in Schedule 8” means a condition in that Schedule other than one that was added to the Schedule by regulations under section 35(6).
(4) Regulations under this section are subject to the affirmative resolution procedure.]
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 S. 42A inserted (19.6.2025 for specified purposes, 20.8.2025 in so far as not already in force) by Data (Use and Access) Act 2025 (c. 18), ss. 74(5), 142(1)(2)(h); S.I. 2025/904, reg. 2(c)
https://dpa2018.digiphile.law/article/article-42A.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.