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Data Protection Act 1998

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Point in time view as at 01/02/2010.

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53 Assistance by Commissioner in cases involving processing for the special purposes.E+W+S+N.I.

(1)An individual who is an actual or prospective party to any proceedings under section 7(9), 10(4), 12(8) or 14 or by virtue of section 13 which relate to personal data processed for the special purposes may apply to the Commissioner for assistance in relation to those proceedings.

(2)The Commissioner shall, as soon as reasonably practicable after receiving an application under subsection (1), consider it and decide whether and to what extent to grant it, but he shall not grant the application unless, in his opinion, the case involves a matter of substantial public importance.

(3)If the Commissioner decides to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant, stating the extent of the assistance to be provided.

(4)If the Commissioner decides not to provide assistance, he shall, as soon as reasonably practicable after making the decision, notify the applicant of his decision and, if he thinks fit, the reasons for it.

(5)In this section—

(a)references to “proceedings” include references to prospective proceedings, and

(b)applicant”, in relation to assistance under this section, means an individual who applies for assistance.

(6)Schedule 10 has effect for supplementing this section.

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