Data Protection Act 2018UK · 2018 c. 12
Digiphile

Sections

Section 78A[F1National security exemption

(1) A provision mentioned in subsection (2) does not apply to personal data processed for law enforcement purposes if exemption from the provision is required for the purposes of safeguarding national security.
(2) The provisions are—
(3) The provisions of Chapter 2 of this Part (principles) which are excepted from the list in subsection (2) are—
  • (a)
    section 35(1) (the first data protection principle) so far as it requires processing of personal data to be lawful;
  • (b)
    section 35(2) to (5) (lawfulness of processing and restrictions on sensitive processing);
  • (c)
    section 42 (safeguards: sensitive processing);
  • (d)
    Schedule 8 (conditions for sensitive processing).
(4) The provisions of Chapter 5 of this Part (transfers of personal data to third countries etc) which are excepted from the list in subsection (2) are—
  • (a)
    the following provisions of section 73—
    • (i)
      subsection (1)(a) (conditions for transfer), so far as it relates to the condition in subsection (2) of that section, and subsection (2) (transfer must be necessary for a law enforcement purpose);
    • (ii)
      subsections (1)(b), (5) and (6) (conditions for transfer of personal data originally made available by a member State);
  • (b)
    section 78 (subsequent transfers).]

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.