UK Data Protection Act 2018: Prospective Filing System Inclusion

The UK Data Protection Act 2018 does not explicitly address the factor of Prospective Filing System Inclusion in determining the law's applicability.

Text of Relevant Provisions

DPA 2018 Art.4(2)(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 UK Data Protection Act 2018 (DPA 2018) does not directly mention the applicability factor of Prospective Filing System Inclusion. Instead, it refers to the types of processing covered by the General Data Protection Regulation (GDPR).

Article 4(2)(a) of the DPA 2018 states that Chapter 2 of the Act "applies to the types of processing of personal data to which the GDPR applies by virtue of Article 2 of the GDPR". This provision effectively incorporates the GDPR's scope of application into the DPA 2018.

To determine whether the Prospective Filing System Inclusion factor is applicable in the UK, one would need to refer to Article 2 of the GDPR. The DPA 2018 itself does not provide specific guidance on this factor.

Implications

The lack of explicit mention of Prospective Filing System Inclusion in the DPA 2018 means that data controllers and processors in the UK must refer to the GDPR to understand how this factor might affect the applicability of data protection laws to their operations. This approach ensures alignment between UK and EU data protection regimes, but it may require additional interpretation and reference to EU law and guidance.

Data protection professionals in the UK should be aware that the applicability of data protection laws to manual processing intended for filing systems is not directly addressed in the DPA 2018. They should consult the GDPR and related guidance to determine how this factor might impact their data processing activities.