Is the Data Protection Act now immune from implied repeal?

An interesting article by data protection specialist Jon Baines highlights a 2024 report (see points 19 & 20) by the Select Committee on the Constitution, which concluded that the Data (Use and Access) Act 2025 (DUA Act) may have granted section 183A of the Data Protection Act 2018 the status of a "constitutional statute," effectively making it immune from implied repeal by future legislation.

According to the new section, a law that requires processing personal data does not override data protection legislation unless it is an explicit part of that legislation or expressly states its intention to repeal it. This is a departure from the traditional principle of implied repeal, where the most recent Act of Parliament is considered authoritative. Baines notes that while Parliament cannot be legally restricted, some statutes, such as Magna Carta and the Human Rights Act, are deemed to have a constitutional status that protects them from being implicitly overturned. 

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