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Data Protection Act 1998

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1(1)If a circuit judge [F1or a District Judge (Magistrates' Courts)] is satisfied by information on oath supplied by the Commissioner that there are reasonable grounds for suspecting—E+W+S+N.I.

(a)that a data controller has contravened or is contravening any of the data protection principles, or

(b)that an offence under this Act has been or is being committed,

and that evidence of the contravention or of the commission of the offence is to be found on any premises specified in the information, he may, subject to sub-paragraph (2) and paragraph 2, grant a warrant to the Commissioner.

[F2(1A)Sub-paragraph (1B) applies if a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that a data controller has failed to comply with a requirement imposed by an assessment notice.

(1B)The judge may, for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles, grant a warrant to the Commissioner in relation to any premises that were specified in the assessment notice; but this is subject to sub-paragraph (2) and paragraph 2.]

(2)A judge shall not issue a warrant under this Schedule in respect of any personal data processed for the special purposes unless a determination by the Commissioner under section 45 with respect to those data has taken effect.

(3)A warrant issued under [F3this Schedule] shall authorise the Commissioner or any of his officers or staff at any time within seven days of the date of the warrant

[F4(a)to enter the premises;

(b)to search the premises;

(c)to inspect, examine, operate and test any equipment found on the premises which is used or intended to be used for the processing of personal data;

(d)to inspect and seize any documents or other material found on the premises which—

(i)in the case of a warrant issued under sub-paragraph (1), may be such evidence as is mentioned in that paragraph;

(ii)in the case of a warrant issued under sub-paragraph (1B), may enable the Commissioner to determine whether the data controller has complied or is complying with the data protection principles;

(e)to require any person on the premises to provide an explanation of any document or other material found on the premises;

(f)to require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the data controller has contravened, or is contravening, the data protection principles.]

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Amendments (Textual)

Modifications etc. (not altering text)

C1Sch. 9 para. 1: power of seizure extended (1.4.2003) by 2001 c. 16, ss. 50, 52-54, 68, 138(2)-(4), Sch. 1 Pt. 1 para. 65; S.I. 2003/708, art. 2

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