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9.—(1) The Commission is to be treated as a Crown body for the purposes of the Data Protection Act 2018 to the extent specified in this article.
(2) The Commission is to be treated as a government department for the purposes of the following provisions—
(a)section 8(d) (lawfulness of processing under the [F2UK GDPR]: public interest etc),
(b)section 209 (application to the Crown),
(c)paragraph 6 of Schedule 1 (statutory etc and government purposes),
(d)paragraph 7 of Schedule 2 (exemptions from the [F3UK GDPR]: functions designed to protect the public etc), and
(e)paragraph 8(1)(o) of Schedule 3 (exemptions from the [F4UK GDPR]: health data).
(3) In the provisions mentioned in paragraph (4)—
(a)references to employment by or under the Crown are to be treated as including employment as a member of staff of the Commission, and
(b)references to a person in the service of the Crown are to be treated as including a person so employed.
(4) The provisions are—
(a)section 24(3) (exemption for certain data relating to employment under the Crown), and
(b)section 209(6) (application of certain provisions to a person in the service of the Crown).
F5(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Art. 9 substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 238 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2Words in art. 9(2)(a) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 30(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in art. 9(2)(d) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 30(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in art. 9(2)(e) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 30(a) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)
F5Art. 9(5) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 3 para. 30(b) (with Sch. 3 para. 112); 2020 c. 1, Sch. 5 para. 1(1)