SCHEDULEFUNCTIONS TO BE DISCHARGED BY REGISTRAR AS DESIGNATED AUTHORITY FOR THE PURPOSES OF ARTICLE 13 OF THE EUROPEAN CONVENTION
3
1
This paragraph applies where a requesting person resident outside the United Kingdom makes a request to the Registrar which is forwarded to him through the Secretary of State or designated authority seeking assistance in exercising any of the rights referred to in Part III of the Act.
2
If the request —
a
seeks assistance in exercising the right under section 21 (right of access to personal data); and
b
does not indicate that the data user has failed, contrary to section 21, to comply with the same request on a previous occasion,
the Registrar shall notify the requesting person of the data user’s address for the receipt of requests from data subjects for access to data and of such other information as the Registrar considers necessary to enable that person to exercise his right under section 21.
3
If the request indicates that a data protection principle has been contravened by a data user the Registrar shall either —
a
notify the requesting person of the rights of data subjects and the remedies available to them under Part III of the Act together with such particulars as are contained in the data user’s entry in the register as are necessary to enable the requesting person to avail himself of those remedies; or
b
if the Registrar considers that notification in accordance with sub-paragraph (a) would not assist the requesting person or would, for any other reason, be inappropriate, treat the request as if it were a complaint which falls to be dealt with under section 36(2).
4
The Registrar shall not be required, in response to any request referred to in paragraphs (2) and (3) above, to supply to the requesting person a duly certified copy in writing of the particulars contained in the entry made in the register in pursuance of any application for registration other than on payment of such fee as is prescribed for the purposes of section 9(2).