Part 3: Law enforcement processing Chapter 3: Rights of the data subject Section 43: Overview and scope
This section provides an overview the rights of data subjects conferred by Chapter 3 of Part 3 and the obligations on controllers to facilitate the exercise of those rights. The relevant rights are: the right to access to information about the processing of personal data relating to the data subject; the right to rectification of inaccurate data; the right to the erasure of personal data where the processing of such data would infringe the data protection principles or to restrict the processing of such data.
	Subsections (3) provides that the subject access rights and the rights to rectification, erasure and restriction of processing do not apply in relation to the processing of "relevant personal data" (as defined in subsection (4)) in the course of a criminal investigation or criminal proceedings. Instead, access to such "relevant personal data" will be governed by the appropriate legislation covering the disclosure of information in criminal proceedings, such as (in England and Wales) the Criminal Procedure and Investigation Act 1996. This provision only applies where the judge or other judicial authority is the controller and the relevant personal data is contained in a judicial decision or in other documents which are created during a criminal investigation or proceedings and made by or on behalf of the judge or judicial authority. For example, the "relevant personal data" may be contained in judge’s notes made whilst providing judicial approval under section 32A of the Regulation of Investigatory Powers Act 2000 during the investigation or in a pre-sentencing report commissioned by the judge in the course of the proceedings. In such instances, the data subject’s rights set out in sections 44 to 48 in respect of such data will be diverted to the relevant domestic legislation governing disclosure of such data by virtue of this provision. Where a competent authority is commissioned by a court or other judicial authority to create a document, the provisions in subsection (3) extend to that document and the personal data contained within it. The original personal data processed by the competent authority used to inform the document will remain subject to the provisions in sections 44 to 48.