Section 106(5)

After section 186 insert— This section is about the relationship between— a pre-commencement enactment which prohibits or restricts the disclosure of information or authorises the withholding of information, and a provision of the UK GDPR or this Act listed in section 186(2). The relationship is not changed by section 5(A1) of the European Union (Withdrawal) Act 2018 (removal of the principle of supremacy of EU law) (or the repeal of section 5(1) to (3) of that Act). Subsection (1) of section 186 does not apply to the relationship so far as there is a contrary intention, whether express or implied (taking account of, among other things, subsection (2) of this section). Nothing is to be implied about a relationship described in subsection (1) merely due to the fact that express provision stating that section 186(1) applies (or with similar effect) is made in connection with one such relationship but not another. In this section, “pre-commencement enactment” means an enactment so far as passed or made before the day on which section 106(4) of the Data (Use and Access) Act 2025 comes into force, other than an enactment contained in, or made under, a provision listed in section 186(2) or (3).

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Source: legislation.gov.uk · retrieved 2026-09-04