Part 5: Data Protection and Privacy National security Section 88: National Security Exemption
Section 88 inserts new section 78A into Part 3 of the DPA 2018, which provides an exemption from certain provisions of Part 3, 5, 6 & 7, similar to that in section 28 of the Data Protection Act 1998, where this is required for the purposes of safeguarding national security. The provisions that may be disapplied in such circumstances are listed in subsection (2) and includes most of the data protection principles, the rights of the data subject, certain obligations on competent authorities and processors, and various enforcement provisions.
	Part 3 of the DPA 2018 already enables competent authorities to apply exemptions to certain specified rights where this is necessary in order to safeguard national security. However, this section ensures that they have the same exemptions already available to organisations, such as businesses, who operate under the UK GDPR (section 26 of the DPA 2018) as well as the intelligence services (section 110 of the DPA 2018).
	Section 88 also aligns the operation of national security certificates under section 79 of the DPA 2018 with the revised national security exemption.