C1C2Part V Enforcement
41CF1Code of practice about assessment notices
1
The Commissioner must prepare and issue a code of practice as to the manner in which the Commissioner's functions under and in connection with section 41A are to be exercised.
2
The code must in particular—
a
specify factors to be considered in determining whether to serve an assessment notice on a data controller;
b
specify descriptions of documents and information that—
i
are not to be examined or inspected in pursuance of an assessment notice, or
ii
are to be so examined or inspected only by persons of a description specified in the code;
c
deal with the nature of inspections and examinations carried out in pursuance of an assessment notice;
d
deal with the nature of interviews carried out in pursuance of an assessment notice;
e
deal with the preparation, issuing and publication by the Commissioner of assessment reports in respect of data controllers that have been served with assessment notices.
3
The provisions of the code made by virtue of subsection (2)(b) must, in particular, include provisions that relate to—
a
documents and information concerning an individual's physical or mental health;
b
documents and information concerning the provision of social care for an individual.
4
An assessment report is a report which contains—
a
a determination as to whether a data controller has complied or is complying with the data protection principles,
b
recommendations as to any steps which the data controller ought to take, or refrain from taking, to ensure compliance with any of those principles, and
c
such other matters as are specified in the code.
5
The Commissioner may alter or replace the code.
6
If the code is altered or replaced, the Commissioner must issue the altered or replacement code.
7
The Commissioner may not issue the code (or an altered or replacement code) without the approval of the Secretary of State.
8
The Commissioner must arrange for the publication of the code (and any altered or replacement code) issued under this section in such form and manner as the Commissioner considers appropriate.
9
In this section “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).
Pt. V applied (with modifications) (1.3.2000) by S.I. 1999/2093, reg. 36(1), Sch. 4
Pt. V applied (with modifications) (1.3.2000) by S.I. 2000/190, art. 5(2)