Chris
It's all very convoluted I know, but I'm not sure it makes much change from the present. For example you suggest there is currently limited protection for manual unstructured but s33A(1)(a) disapplies principle 7 already. Is clause 24(2) any different?
The whole point behind s33A and clauses 21/24 was always to ensure the s40 FOIA exemption could be applied - that is based on breach of the principles which could only apply by making manual unstructured data come within the definition, but then to remove most of the protections to ensure parity with private organisations.
However I agree that the lack of any concept of accessible record is a major concern. Any private holder of this type of record (perhaps mainly private health) could in theory at least escape any responsibility by messy record keeping. Other regulators may have concerns though ....
In practice however I doubt such a provider could survive if arguing what it held was not personal data to avoid consequences of a breach or even a SAR ...
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