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Enforced Subject Access

Volume 404: debated on Tuesday 15 April 2003

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To ask the Parliamentary Secretary, Lord Chancellor's Department if she will bring forward legislation to activate the offence associated with Enforced Subject Access in the Data Protection Act 1998; and if she will make a statement.[104408]

Once it is commenced, section 56 of the Data Protection Act 1998 will outlaw enforced subject access. Section 75(4) of the 1998 Act makes commencement of that provision conditional upon sections 112 (which relates to Basic Disclosures), 113 (Standard Disclosures) and 115 (Enhanced Disclosures) of the Police Act 1997 all being in force. As my right hon. Friend the Home Secretary has made clear, the priority for the Criminal Records Bureau is to ensure that the demand for Standard and Enhanced Disclosures is fully met. But it remains the aim to introduce Basic Disclosures, and to bring section 56 of the 1998 Act into force, as soon as practicable.