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Data Protection Act 1998

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42 Request for assessment.E+W+S+N.I.

(1)A request may be made to the Commissioner by or on behalf of any person who is, or believes himself to be, directly affected by any processing of personal data for an assessment as to whether it is likely or unlikely that the processing has been or is being carried out in compliance with the provisions of this Act.

(2)On receiving a request under this section, the Commissioner shall make an assessment in such manner as appears to him to be appropriate, unless he has not been supplied with such information as he may reasonably require in order to—

(a)satisfy himself as to the identity of the person making the request, and

(b)enable him to identify the processing in question.

(3)The matters to which the Commissioner may have regard in determining in what manner it is appropriate to make an assessment include—

(a)the extent to which the request appears to him to raise a matter of substance,

(b)any undue delay in making the request, and

(c)whether or not the person making the request is entitled to make an application under section 7 in respect of the personal data in question.

(4)Where the Commissioner has received a request under this section he shall notify the person who made the request—

(a)whether he has made an assessment as a result of the request, and

(b)to the extent that he considers appropriate, having regard in particular to any exemption from section 7 applying in relation to the personal data concerned, of any view formed or action taken as a result of the request.

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