The Automated Means Criterion is implicitly incorporated into the UK Data Protection Act 2018 (DPA 2018) through its reference to the GDPR's scope of application.

Text of Relevant Provisions

DPA 2018 Art.4(2)(a):

"(2)Chapter 2 of this Part—(a)applies to the types of processing of personal data to which the GDPR applies by virtue of Article 2 of the GDPR, and"

Analysis of Provisions

The DPA 2018 does not explicitly mention the Automated Means Criterion within the text of Article 4(2)(a). However, this provision effectively incorporates the GDPR's scope of application, including its Automated Means Criterion, by reference.

The phrase "applies to the types of processing of personal data to which the GDPR applies by virtue of Article 2 of the GDPR" is crucial. It means that the DPA 2018 adopts the same scope of application as defined in Article 2 of the GDPR, which includes the Automated Means Criterion.

For context, Article 2(1) of the GDPR states that it applies to "the processing of personal data wholly or partly by automated means". By incorporating this provision, the DPA 2018 effectively adopts the Automated Means Criterion as part of its scope of application.

This approach ensures consistency between the UK's data protection regime and the GDPR, which is important for maintaining regulatory alignment and facilitating cross-border data flows.

Implications

The implicit adoption of the Automated Means Criterion in the DPA 2018 has several implications for businesses and organizations:

1. Broad application: The law applies to a wide range of data processing activities that involve any form of automation, including digital or electronic systems.
2. Technological neutrality: The criterion is technology-neutral, meaning it applies regardless of the specific automated means used for processing personal data.
3. Partial automation: Even if only part of the processing is automated, the law still applies. This could include, for example, data collection through online forms followed by manual processing.
4. Digital economy focus: This criterion ensures that the law remains relevant in the digital age, covering most modern data processing activities.
5. Compliance requirements: Organizations must ensure compliance with the DPA 2018 for any automated or partially automated processing of personal data, which may include implementing appropriate technical and organizational measures.
6. Manual processing exception: Purely manual processing of personal data that is not part of a filing system falls outside the scope of the law, potentially reducing the compliance burden for some small-scale, non-automated data processing activities.