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Data Protection Act 2018

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Assessment notices

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32(1)The repeal of sections 41A and 41B of the 1998 Act (assessment notices) does not affect the application of those sections after the relevant time in a case in which—

(a)the Commissioner served a notice under section 41A of the 1998 Act before the relevant time (and did not cancel it before that time), or

(b)the Commissioner considers it appropriate, after the relevant time, to investigate—

(i)whether a data controller complied with the old data protection principles before that time, or

(ii)whether a data controller complied with the sixth data protection principle sections after that time.

(2)The revocation of the Data Protection (Assessment Notices) (Designation of National Health Service Bodies) Order 2014 (S.I. 2014/3282), and the repeals mentioned in sub-paragraph (1), do not affect the application of that Order in a case described in sub-paragraph (1).

(3)Sub-paragraph (1) does not enable the Secretary of State, after the relevant time, to make an order under section 41A(2)(b) or (c) of the 1998 Act (data controllers on whom an assessment notice may be served) designating a public authority or person for the purposes of that section.

(4)Section 41A of the 1998 Act, as it has effect by virtue of sub-paragraph (1), has effect as if subsections (8) and (11) (duty to review designation orders) were omitted.

(5)The repeal of section 41C of the 1998 Act (code of practice about assessment notice) does not affect the application, after the relevant time, of the code issued under that section and in force immediately before the relevant time in relation to the exercise of the Commissioner’s functions under and in connection with section 41A of the 1998 Act, as it has effect by virtue of sub-paragraph (1).

(6)In this paragraph, “the relevant time” means the time when the repeal of section 41A of the 1998 Act comes into force.

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