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Data Protection Act 2018

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This is the original version (as it was originally enacted).

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5(1)A warrant issued under this Schedule must authorise the Commissioner or any of the Commissioner’s officers or staff—

(a)to enter the premises,

(b)to search the premises, and

(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.

(2)A warrant issued under paragraph 1 must authorise the Commissioner or any of the Commissioner’s officers or staff—

(a)to inspect and seize any documents or other material found on the premises which may be evidence of the failure or offence mentioned in that paragraph,

(b)to require any person on the premises to provide, in an appropriate form, a copy of information capable of being viewed using equipment on the premises which may be evidence of that failure or offence,

(c)to require any person on the premises to provide an explanation of any document or other material found on the premises and of any information capable of being viewed using equipment on the premises, and

(d)to require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the controller or processor has failed or is failing as described in section 149(2).

(3)A warrant issued under paragraph 2 must authorise the Commissioner or any of the Commissioner’s officers or staff—

(a)to inspect and seize any documents or other material found on the premises which may enable the Commissioner to determine whether the controller or processor has complied or is complying with the data protection legislation,

(b)to require any person on the premises to provide, in an appropriate form, a copy of information capable of being viewed using equipment on the premises which may enable the Commissioner to make such a determination,

(c)to require any person on the premises to provide an explanation of any document or other material found on the premises and of any information capable of being viewed using equipment on the premises, and

(d)to require any person on the premises to provide such other information as may reasonably be required for the purpose of determining whether the controller or processor has complied or is complying with the data protection legislation.

(4)A warrant issued under this Schedule must authorise the Commissioner or any of the Commissioner’s officers or staff to do the things described in sub-paragraphs (1) to (3) at any time in the period of 7 days beginning with the day on which the warrant is issued.

(5)For the purposes of this paragraph, a copy of information is in an “appropriate form” if —

(a)it can be taken away, and

(b)it is visible and legible or it can readily be made visible and legible.

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