UK GDPRUK · retained 2016/679
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Articles

Article 2Material scope

1. [F1 This Regulation applies to the automated or structured processing of personal data, including—
  • (a)
    processing in the course of an activity which, immediately before IP completion day, fell outside the scope of EU law, and
  • (b)
    processing in the course of an activity which, immediately before IP completion day, fell within the scope of Chapter 2 of Title 5 of the Treaty on European Union (common foreign and security policy activities).
1A. This Regulation also applies to the manual unstructured processing of personal data held by an FOI public authority.]
2. [F2 This Regulation does not apply to—
  • (a)
    the processing of personal data by an individual in the course of a purely personal or household activity;
  • (b)
    the processing of personal data by a competent authority for any of the law enforcement purposes (see Part 3 of the 2018 Act);
  • (c)
    the processing of personal data to which Part 4 of the 2018 Act (intelligence services processing) applies.]
3. F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4. This Regulation shall be without prejudice to the application of [F4the Electronic Commerce (EC Directive) Regulations 2002, in particular the provisions about mere conduits, caching and hosting (see regulations 17 to 19 of those Regulations).]
5. [F5 In this Article—
  • (a)
    ‘the automated or structured processing of personal data’ means—
    • (i)
      the processing of personal data wholly or partly by automated means, and
    • (ii)
      the processing otherwise than by automated means of personal data which forms part of a filing system or is intended to form part of a filing system;
  • (b)
    ‘the manual unstructured processing of personal data’ means the processing of personal data which is not the automated or structured processing of personal data;
  • (c)
    ‘FOI public authority’ has the same meaning as in Chapter 3 of Part 2 of the 2018 Act (see section 21(5) of that Act);
  • (d)
    references to personal data ‘held’ by an FOI public authority are to be interpreted in accordance with section 21(6) [F6to (8)] of the 2018 Act;
  • (e)
    ‘competent authority’ and ‘law enforcement purposes’ have the same meaning as in Part 3 of the 2018 Act (see sections 30 and 31 of that Act).]