(b) conflict with a duty described in subsection (1)(b).
(4) The controller must—
(a) record the reason for a decision to rely on the exemption in subsection (1), and
(b) if requested to do so by the Commissioner, make the record available to the Commissioner.
(5) The reference in subsection (1) to sections 44(2) and 45(1) includes sections 35 to 40 so far as their provisions correspond to the rights and obligations provided for in sections 44(2) and 45(1). ”
(7) In section 51 (exercise of rights through the Commissioner)—
(a) in subsection (1), after paragraph (b) (but before the “or” at the end of that paragraph) insert—
“ (ba) relies on the exemption from sections 44(2) and 45(1) in section 45A (legal professional privilege), ” ,
(b) in subsection (2), after paragraph (a) insert—
“ (aa) where subsection (1)(ba) applies, request the Commissioner to check that the controller was entitled to rely on the exemption; ” ,
(c) in subsection (4), after paragraph (a) insert—
“ (aa) where subsection (1)(ba) applies, whether the Commissioner is satisfied that the controller was entitled to rely on the exemption; ” , and
(d) in subsection (6), after “(a)” insert “, (aa)” .
I142 S. 79 not in force at Royal Assent, see s. 142(1)
I143 S. 79 in force at 5.9.2025 by S.I. 2025/996 , reg. 2(1)(a) (with reg. 3 )
Automated decision-making U.K.
80 Automated decision-making U.K.
(1) For Article 22 of the UK GDPR (automated individual decision-making, including profiling) substitute—
“ Section 4A U.K. Automated individual decision-making
Article 22A Automated processing and significant decisions
1. For the purposes of Articles 22B and 22C—
(a) a decision is based solely on automated processing if there is no meaningful human involvement in the taking of the decision, and
(b) a decision is a significant decision, in relation to a data subject, if—
(i) it produces a legal effect for the data subject, or
(ii) it has a similarly significant effect for the data subject.
2. When considering whether there is meaningful human involvement in the taking of a decision, a person must consider, among other things, the extent to which the decision is reached by means of profiling.