PDP9 practice question 4 of 10

What does NOT have an exemption prescribed under schedule 3 of the Data Protection Act 2018?

Full set: 40 questions
Answer options
A: Education data, examination scripts and marks
B: Credit checking agency data Correct answer
C: Social Work Data.
D: Health data
Correct Answer:
B. Credit checking agency data
Explanation

Schedule 3 of the Data Protection Act 2018 provides specific exemptions from certain GDPR provisions, primarily concerning the rights of data subjects. This schedule is explicitly titled "Exemptions etc from the GDPR: health, social work, education and child abuse data." A review of the schedule's contents confirms that it details exemptions for health data (Part 2), social work data (Part 3), and education data, including examination scripts and marks (Part 4). Credit checking agency data is not mentioned within Schedule 3. Any applicable exemptions for credit reference agencies are found elsewhere in the Act, such as in Schedule 2, which covers a broader range of processing purposes.

Why Incorrect

A. Education data, examination scripts and marks are explicitly covered by exemptions detailed in the Data Protection Act 2018, Schedule 3, Part 4.
C. Social Work Data is explicitly covered by exemptions detailed in the Data Protection Act 2018, Schedule 3, Part 3.
D. Health data is explicitly covered by exemptions detailed in the Data Protection Act 2018, Schedule 3, Part 2.

References

1. Data Protection Act 2018, c. 12, Schedule 3. The official UK legislation is the primary source.

Part 2 (Paragraphs 2-7): Details exemptions related to "Health data".

Part 3 (Paragraphs 8-12): Details exemptions related to "Social work data".

Part 4 (Paragraphs 13-19): Details exemptions related to "Education data", with paragraph 15 specifically addressing "Examination scripts and marks".

The schedule contains no provisions for "Credit checking agency data".

Source: https://www.legislation.gov.uk/ukpga/2018/12/schedule/3/enacted

2. Information Commissioner's Office (ICO). (2023). Guide to the Data Protection Act 2018. While the ICO is a regulator, its official guidance is considered an authoritative interpretation of the law.

The guide explains the structure of the DPA 2018, confirming that Schedule 3 is restricted to health, social work, education, and child abuse data. It directs users to Schedule 2 for exemptions related to functions of credit reference agencies.

Source: https://ico.org.uk/for-organisations/guide-to-data-protection/guide-to-the-general-data-protection-regulation-gdpr/exemptions/ (This page outlines the various schedules and their purposes).

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