Schedule 20: Transitional provision etc
This Schedule makes provision in relation to matters such as the rights of access to personal data under the 1998 Act following the repeal of that Act.
	Part 1 makes provision defining terms used in this Schedule.
	Part 2 of this Schedule is about the rights of data subjects.
	Paragraph 2 makes provision for sections 7 to 9A of the 1998 Act to be preserved in relation to requests made under section 7 before its repeal. It makes similar provision in relation to sections 7 and 8 of the 1998 Act as modified by the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141) so that requests made under section 7 are unaffected notwithstanding the revocation of those regulations.
	Paragraph 3 makes provision preserving section 10 of the 1998 Act in relation to the exercise of the right to prevent processing likely to cause damage or distress under that section before its repeal.
	Paragraph 4 makes provision preserving section 11 of the 1998 Act in relation to the exercise of the right to prevent processing for the purposes of direct marketing under that section before its repeal.
	Paragraph 5 makes provision preserving section 12 of the 1998 Act in relation to the exercise of rights in respect of a decision taken before the repeal of that section.
	Paragraph 6 makes provision for section 13 of the 1998 Act to be preserved in relation to a claim for damage or distress caused by an act or omission occurring before the repeal of that section. Similar provision is made preserving regulation 45 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141) in relation to a claim for compensation connected to an act or omission occurring before the revocation of that regulation.
	Paragraph 7 provides for section 14 of the 1998 Act to be preserved in relation to an application for the rectification, blocking, erasure or destruction of inaccurate personal data made before the repeal of that section.
	Paragraph 8 makes provision which preserves section 15 of the 1998 Act as it applies in connection with sections 7 to 14 as preserved by this Schedule.
	Paragraph 9 preserves Part 4 of the 1998 Act so that it continues to apply in connection with a provision of Part 2 of that Act as preserved by paragraphs 2 to 7 of this Schedule. It also preserves secondary legislation made under Part 4 of the 1998 Act as that legislation applies in connection with a preserved provision of Part 2 of that Act.
	Paragraph 10 clarifies for transitional purposes provision relating to the avoidance under this Act of certain contractual terms relating to health records.
	Part 3 of this Schedule makes transitional provision relating to the interaction between the GDPR and Part 2 of this Act, namely exemptions from the GDPR in the form of restrictions of rules in Articles 13 to 15 of that Regulation and manual unstructured data held by FOI public authorities.
	Part 4 of this Schedule makes transitional provision in relation to law enforcement and intelligence services processing, namely logging, regulation 50 of the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141) and the maximum fee for data subject access requests to intelligence services. In particular, paragraph 19 delays the requirement to comply the logging provisions set out under section 62 until 6 May 2023 for any automated processing system which was in place prior to 6 May 2016 where to comply would involve a disproportionate effort.
	Part 5 of this Schedule makes transitional provision in relation to national security certificates.
	Part 6 of this Schedule provides for a number of matters relating to the Commissioner including the continuation of the appointment of the existing Commissioner.
	Part 7 of this Schedule is about enforcement under the 1998 Act. This Part provides for those sections of the 1998 Act which are concerned with information notices, special information notices, assessment notices, enforcement notices and penalty notices to continue to have effect for transitional purposes after their repeal. Transitional provision is also made in relation to matters such as offences, powers of entry and appeals under the 1998 Act. Modifications to the provisions concerned made by the Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141) continue to have effect by virtue of the preservation of regulation 51 by this Part for these purposes.
	Part 8 of this Schedule is about enforcement under this Act and makes provision clarifying the reference to offences in this Act and the position in relation to the Tribunal Procedure Rules made under the 1998 Act.
	Part 9 makes transitional provision in relation to other enactments such as various powers to disclose information to the Commissioner.