
1 

(1) These Regulations may be cited as the Data Protection (Fundamental Rights and Freedoms) (Amendment) Regulations 2023.
(2) These Regulations come into force immediately before the end of 2023, or on the day after the day on which they are made, whichever is later.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
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(1) Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (United Kingdom General Data Protection Regulation) is amended as follows.
(2) In Article 1 (subject-matter and objectives), for paragraph (2) substitute—“
2. 
This Regulation contributes to the protection of individuals’ fundamental rights and freedoms.”.
(3) In Article 4 (definitions), for point (28) substitute—“
(28) references to fundamental rights or fundamental freedoms (however expressed) are to the Convention rights within the meaning of the Human Rights Act 1998.”.
(4) In Article 9(2)(g) (processing of special categories of personal data), omit “, respect the essence of the right to data protection”.
(5) In Article 9(2)(j) (processing of special categories of personal data), omit “, respect the essence of the right to data protection”.
(6) In Article 50(b) (international cooperation for the protection of personal data), omit “other”.
(7) In Article 85(2) (processing and freedom of expression and information), omit “the right to”.
(8) In Article 86(1) (processing and public access to official documents), omit “the right to”.
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(1) The Data Protection Act 2018 is amended as follows.
(2) In section 120(1)(b) (further international role), omit “other”.
(3) In section 205 (general interpretation), for subsection (1A) substitute—“
(1A) In this Act, references to fundamental rights or fundamental freedoms (however expressed) are to the Convention rights within the meaning of the Human Rights Act 1998.”.
John Whittingdale
Minister of State
Department for Science, Innovation and Technology
18th December 2023