Data Protection Act 2018

143 Information notices: restrictions

(1) The Commissioner may not give an information notice with respect to the processing of personal data for the special purposes unless—

(a) a determination under section 174 with respect to the data or the processing has taken effect, or

(b) the Commissioner—

(i) has reasonable grounds for suspecting that such a determination could be made, and

(ii) the information is required for the purposes of making such a determination.

(2) An information notice does not require a person to give the Commissioner information to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.

(3) An information notice does not require a person to give the Commissioner information in respect of a communication which is made—

(a) between a professional legal adviser and the adviser’s client, and

(b) in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under the data protection legislation.

(4) An information notice does not require a person to give the Commissioner information in respect of a communication which is made—

(a) between a professional legal adviser and the adviser’s client or between such an adviser or client and another person,

(b) in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and

(c) for the purposes of such proceedings.

(5) In subsections (3) and (4), references to the client of a professional legal adviser include references to a person acting on behalf of the client.

(6) An information notice does not require a person to provide the Commissioner with information if doing so would, by revealing evidence of the commission of an offence expose the person to proceedings for that offence.

(7) The reference to an offence in subsection (6) does not include an offence under—

(a) this Act;

(b) section 5 of the Perjury Act 1911 (false statements made otherwise than on oath);

(c) section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath);

(d) Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements).

(8) An oral or written statement provided by a person in response to an information notice may not be used in evidence against that person on a prosecution for an offence under this Act (other than an offence under section 144) unless in the proceedings—

(a) in giving evidence the person provides information inconsistent with the statement, and

(b) evidence relating to the statement is adduced, or a question relating to it is asked, by that person or on that person’s behalf.

(9) In subsection (6), in relation to an information notice given to a representative of a controller or processor designated under Article 27 of the GDPR, the reference to the person providing the information being exposed to proceedings for an offence includes a reference to the controller or processor being exposed to such proceedings.