EdLaw nat/gb/dpa-2018/README.md

language: en · status: in-force · last checked: 2026-09-04

Data Protection Act 2018 (DPA 2018)

The UK's framework data protection statute, read alongside the UK GDPR: it supplements the UK GDPR for general processing, and separately regulates law-enforcement and intelligence-services processing. Enforced by the Information Commissioner.

The Act's own structure (from the consolidated contents):

Part Subject
1 Preliminary
2 General processing (supplements the UK GDPR)
3 Law enforcement processing
4 Intelligence services processing
5 The Information Commissioner
6 Enforcement
7 Supplementary and final provision

Key schedules: Schedule 1 (special categories and criminal convictions conditions), Schedule 2 (exemptions from the UK GDPR), Schedule 3 (exemptions for health, social work, education and child abuse data — Part 4 is education data).

Applicability to EdTech

For EdTech the operative regime is Part 2 (general processing) plus the UK GDPR together: the Act supplies the public-interest lawful-basis detail, the child's-consent provision for information society services, the Schedule 1 conditions needed to process special-category data, and the Schedule 2/3 exemptions — including the education-data exemptions in Schedule 3 Part 4 that govern access to pupil records.

Contents

Document Covers
OVERVIEW.md Sections 1–3 — overview, protection duty, key terms
GENERAL-PROCESSING.md Sections 8–11, 14, 15 — public-interest lawfulness, child's consent (ISS), special categories, automated decision-making safeguards, exemptions gateway

Scope note: the Act has 259 sections; this folder reproduces Part 1 and the EdTech-critical Part 2 provisions verbatim. Parts 3–7 and the Schedules are mapped above and can be added as fact documents when needed.

Sources

Meta

Built and re-verified mechanically — see tools/legislation-gov-uk: build_dpa2018.py regenerates the fact documents from the current consolidation; build_dpa2018.py verify confirms every source text node appears verbatim. Do not hand-edit section text.