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PART 5U.K.The Information Commissioner

General functionsU.K.

115General functions under the [F1UK GDPR] and safeguardsU.K.

F2(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)General functions are conferred on the Commissioner by—

(a)Article 57 of the [F3UK GDPR] (tasks), and

(b)Article 58 of the [F4UK GDPR] (powers),

(and see also the Commissioner's duty under section 2 [F5and section 28(5)]).

(3)The Commissioner's functions in relation to the processing of personal data to which the [F6UK GDPR] applies include—

(a)a duty to advise Parliament, the government and other institutions and bodies on legislative and administrative measures relating to the protection of individuals' rights and freedoms with regard to the processing of personal data, and

(b)a power to issue, on the Commissioner's own initiative or on request, opinions to Parliament, the government or other institutions and bodies as well as to the public on any issue related to the protection of personal data.

(4)The Commissioner's functions under Article 58 of the [F7UK GDPR] are subject to the safeguards in subsections (5) to (9).

(5)The Commissioner's power under Article 58(1)(a) of the [F8UK GDPR] (power to require a controller or processor to provide information that the Commissioner requires for the performance of the Commissioner's tasks under the [F8UK GDPR]) is exercisable only by giving an information notice under section 142.

(6)The Commissioner's power under Article 58(1)(b) of the [F9UK GDPR] (power to carry out data protection audits) is exercisable only in accordance with section 146.

(7)The Commissioner's powers under Article 58(1)(e) and (f) of the [F10UK GDPR] (power to obtain information from controllers and processors and access to their premises) are exercisable only—

(a)in accordance with Schedule 15 (see section 154), or

(b)to the extent that they are exercised in conjunction with the power under Article 58(1)(b) of the [F10UK GDPR], in accordance with section 146.

(8)The following powers are exercisable only by giving an enforcement notice under section 149—

(a)the Commissioner's powers under Article 58(2)(c) to (g) and (j) of the [F11UK GDPR] (certain corrective powers);

(b)the Commissioner's powers under Article 58(2)(h) to order a certification body to withdraw, or not to issue, a certification under Articles 42 and 43 of the [F12UK GDPR].

(9)The Commissioner's powers under Articles 58(2)(i) and 83 of the [F13UK GDPR] (administrative fines) are exercisable only by giving a penalty notice under section 155.

(10)This section is without prejudice to other functions conferred on the Commissioner, whether by the [F14UK GDPR], this Act or otherwise.

Textual Amendments

116Other general functionsU.K.

[F15(A1)The Commissioner is responsible for monitoring the application of Part 3 of this Act, in order to protect the fundamental rights and freedoms of individuals in relation to processing by a competent authority for any of the law enforcement purposes (as defined in Part 3) and to facilitate the free flow of personal data.]

(1)The Commissioner—

F16(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)is to continue to be the designated authority in the United Kingdom for the purposes of Article 13 of the Data Protection Convention.

(2)Schedule 13 confers general functions on the Commissioner in connection with processing to which the [F17UK GDPR] does not apply (and see also the Commissioner's duty under section 2).

(3)This section and Schedule 13 are without prejudice to other functions conferred on the Commissioner, whether by this Act or otherwise.

Textual Amendments

117Competence in relation to courts etcU.K.

Nothing in this Act [F18or the UK GDPR] permits or requires the Commissioner to exercise functions in relation to the processing of personal data by—

(a)an individual acting in a judicial capacity, or

(b)a court or tribunal acting in its judicial capacity F19...

F19....

Textual Amendments