Data Protection (Subject Access Modification) (Social Work) Order 1987
| Jurisdiction | UK Non-devolved |
1987 No. 1904
DATA PROTECTION
The Data Protection (Subject Access Modification) (Social Work) Order 1987
Made 9th November 1987
Coming into force 11th November 1987
Whereas a draft of this Order has been laid before and approved by a resolution of each House of Parliament:
Now, therefore, in exercise of the powers conferred upon me by section 29(1), (2) and (3) of the Data Protection Act 19841and after consultation with the Data Protection Registrar in accordance with section 40(3) of that Act, I hereby make the following Order:
1. This Order may be cited as the Data Protection (Subject Access Modification) (Social Work) Order 1987 and shall come into force on 11th November 1987.
2.—(1) In this Order —
“the Act” means the Data Protection Act 1984;
“education welfare officer” has the same meaning as in section 50 of the Education (No.2) Act 19862;
“health authority” has the same meaning as in the National Health Service Act 19773; and
“the subject access provisions” has the meaning which it has for the purposes of Part IV of the Act.
(2) Any reference in this Order to a local authority in relation to data held or formerly held by it includes a reference to the Council of the Isles of Scilly in relation to data held or formerly held by the Council in connection with any functions mentioned in article 3(1)(a)(i) below which are or have been conferred upon the Council by or under any enactment.
3.—(1) Subject to paragraph (3) below, this Order applies to personal data falling within any of the following descriptions:—
(a)
(a) data held by a local authority —
(i) in connection with its social services functions within the meaning of the Local Authority Social Services Act 19704or any functions which stand referred to a social work committee under the Social Work (Scotland) Act 19685, or
(ii) in the exercise of other functions but obtained or consisting of information obtained in connection with any of those functions;
(b)
(b) data held by a Health and Social Services Board established under Article 16 of the Health and Personal Social Services (Northern Ireland) Order 19726in connection with the provision of personal social services within the meaning of that Order or held by the Board in the exercise of other functions but obtained or consisting of information obtained in connection with the provision of those services;
(c)
(c) data held by a district council in the exercise of its functions under Part II of Schedule 9 to the Health and Social Services and Social Security Adjudications Act 19837;
(d)
(d) data held by a probation committee established by Schedule 3 to the Powers of Criminal Courts Act 19738or the Probation Board for Northern Ireland;
(e)
(e) data held by a local education authority or local authority for the purposes of any functions performed by education welfare officers;
(f)
(f) data relating to persons detained in a special hospital provided by the Secretary of State under section 4 of the National Health Service Act 1977 and held by a health authority in the exercise of any functions similar to any social services functions of a local authority;
(g)
(g) data held by the National Society for the Prevention of Cruelty to Children or the Royal Scottish Society for the Prevention of Cruelty to Children or by any other voluntary organization or other body designated under this sub-paragraph by the Secretary of State or the Department of Health and Social Services for Northern Ireland and appearing to the Secretary of State or the Department, as the case may be, to be held for the purposes of the provision of any service similar to a service provided in the exercise of any functions specified in sub-paragraphs (a)(i), (b) or (c) above;
(h)
(h) data held by —
(i) a health authority or a Family Practitioner Committee established under section 10 of the National Health Service Act 1977, or
(ii) a Health Board established under section 2 of the National Health Service (Scotland) Act 19789,
which were obtained or consisted of information which was obtained from any authority or body mentioned above or government department and which, whilst held by that authority or body or government department, fell within any sub-paragraph of this paragraph;
(i)
(i) data held by a government department and obtained or consisting of information obtained from any authority or body mentioned above and which, whilst held by that authority or body, fell within any of the preceding sub-paragraphs of this paragraph;
(j)
(j) data held for the purposes of the functions of the Secretary of State pursuant to section 80 of the Child Care Act 198010;
(k)
(k) data held by any person appointed for any purpose mentioned in section 103 of the Children Act 197511or by a reporter appointed under section 36 of the Social Work (Scotland) Act 1968.
(2) This Order applies to personal data held by a court and consisting of information supplied in a report or other evidence given to the court by a local authority, Health and Social Services Board, probation officer or other person in the course of any proceedings to which the Magistrates' Courts (Children and Young Persons) Rules 197012, the...
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