Section 43Overview and scope

(1) This Chapter—

(a)
imposes general duties on the controller to make information available (see [^F1sections 44 and 45A]);
(b)
confers a right of access by the data subject (see [^F2sections 45 and 45A]);
(c)
confers rights on the data subject with respect to the rectification of personal data and the erasure of personal data or the restriction of its processing (see sections 46 to 48);
(d)
regulates automated decision-making (see [^F3sections 50A to 50D]);
(e)
makes supplementary provision (see sections 51 to 54).

(2) This Chapter applies only in relation to the processing of personal data for a law enforcement purpose.

(3) But sections 44 to 48 do not apply in relation to the processing of relevant personal data in the course of a criminal investigation or criminal proceedings, including proceedings for the purpose of executing a criminal penalty.

(4) In subsection (3), “relevant personal data” means personal data contained in a judicial decision or in other documents relating to the investigation or proceedings which are created by or on behalf of a court or other judicial authority.

(5) In this Chapter, “the controller”, in relation to a data subject, means the controller in relation to personal data relating to the 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. 43(1)(a) substituted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(2)(a), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)
F2 Words in s. 43(1)(b) substituted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(2)(b), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)
F3 Words in s. 43(1)(d) substituted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), s. 142(1), Sch. 6 para. 12; S.I. 2026/82, reg. 2(z8) (with reg. 5)

Commencement Information

I1 S. 43 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)

https://dpa2018.digiphile.law/article/article-43.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.