UK: State Secrets Exemption

The State Secrets Exemption is not explicitly addressed in the provided provisions of the UK Data Protection Act 2018.

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 provided text from the UK Data Protection Act 2018 (DPA 2018) does not directly address a State Secrets Exemption. Instead, Article 4(2)(a) of the DPA 2018 refers to the applicability of the General Data Protection Regulation (GDPR) as defined in Article 2 of the GDPR.

This provision establishes that Chapter 2 of the DPA 2018 applies to the same types of personal data processing as covered by the GDPR. It essentially incorporates the GDPR's scope into UK law, stating that the DPA 2018 "applies to the types of processing of personal data to which the GDPR applies by virtue of Article 2 of the GDPR".

While this provision does not explicitly mention a State Secrets Exemption, it's important to note that such an exemption might be addressed in other parts of the DPA 2018 or in separate national security legislation. The absence of a direct reference to state secrets in this provision does not necessarily mean that such an exemption does not exist in UK law.

Implications

The implications of this provision are significant for businesses and organizations processing personal data in the UK:

  1. Alignment with GDPR: UK data controllers and processors must comply with the same scope of application as defined in the GDPR, ensuring consistency between UK and EU data protection standards.
  2. Potential for additional exemptions: While this specific provision does not mention state secrets, organizations dealing with sensitive government information should be aware that other parts of UK law might address such exemptions.
  3. Need for comprehensive legal review: Organizations handling potentially classified information should conduct a thorough review of all relevant UK legislation, including both data protection and national security laws, to understand their obligations fully.
  4. Continued relevance of EU law: Despite Brexit, the explicit reference to the GDPR in the DPA 2018 means that UK organizations must still consider GDPR principles and interpretations when determining the applicability of data protection law.

Jurisdiction Overview