7. Duty of care owed by data controllers and data processors.
From 25 May 2018, this Act ceased to apply to the processing of personal data (within the meaning of this Act) other than the processing of such data for the purposes of safeguarding the security of the State, the defence of the State or the international relations of the State, or the processing of such data under the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 or the Vehicle Registration Data (Automated Searching and Exchange) Act 2018 to the extent that this Act is applied in those Acts but is still applicable to complaints made under s. 10 and contraventions of this Act that occurred before 25 May 2018, see s. 8 of the Data Protection Act 2018 (No. 7).
For the purposes of the law of torts and to the extent that that law does not so provide, a person, being a data controller or a data processor, shall, so far as regards the collection by him of personal data or information intended for inclusion in such data or his dealing with such data, owe a duty of care to the data subject concerned:
Provided that, for the purposes only of this section, a data controller shall be deemed to have complied with the provisions of section 2(1)(b) of this Act if and so long as the personal data concerned accurately record data or other information received or obtained by him from the data subject or a third party and include (and, if the data are disclosed, the disclosure is accompanied by) -