A rather late comment on one aspect Chris’s excellent post about the definitions in the Data Protection Bill. Namely, the removal of “Representative” from the definitions in Article 4 by virtue of Para 9(d) of schedule 6 of the Bill.
My reading is that this deletion applies only to the applied GDPR. The applied GDPR is “the GDPR as applied by Chapter 3 of Part 2”. Chapter 3 comprises sections 19 to 26.
Para 9(d) of schedule 6 provides that in Article 4 (definitions)— paragraph (17) (meaning of “representative”); - shall be omitted.
Para 1 of Schedule 6 provides that the GDPR is modified as it is applied by Section 20(1).
Section 20(1) states that
The GDPR applies to the processing of personal data to which this Chapter applies but as if its Articles were part of an Act extending to England and Wales, Scotland and Northern Ireland.
Section 19 (1) to (3) specify what Chapter 3 does and does not apply to, namely;
• automated and structured personal data that falls outside the scope of Union Law or within the scope of Article 2(2)(b), except processing covered by Parts 3 and 4 of the Bill;
• processing of unstructured data held by public authorities
• but excluding in each case personal data covered by the ‘domestic’ exemption
Accordingly, para 2 of schedule 6 provides that the relevant references (as applied by the modifications) to “’this Regulation’ and to provisions of the GDPR have effect as references to the applied GDPR and to the provisions of the applied GDPR, except” where specified.
The Bill is indeed a triumph of the obscurantist’s art so this is only my punt at what one small bit means.
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