Scottish Biometrics Commissioner Act 2020

16 Power to gather information

(1) The Commissioner may require any person in relation to whom the Commissioner has functions under section 2(1) to supply information which the Commissioner reasonably requires for the purpose of—

(a) determining whether persons who are required by section 9(1) to comply with the code of practice have done or are doing so, or

(b) exercising any of the Commissioner’s other functions.

(2) Where a requirement is imposed under subsection (1), the Commissioner must give the person a written notice specifying—

(a) the information, or the nature of the information, which is to be supplied,

(b) the form in which it is to be supplied,

(c) the date on or by which it is to be supplied,

(d) in the case of information which is to be supplied by means of a statement in person, the place at which it is to be supplied, and

(e) the particular matters in connection with which it is required.

(3) A person is not obliged under this section to provide information which that person would be entitled to refuse to provide in proceedings in a court in Scotland.

(4) The Commissioner may revoke any requirement imposed under subsection (1) by giving written notice to the person to whom notice of the requirement was given.

(5) In this section, “information” includes unrecorded information.