SCHEDULE 2INQUIRIES BY THE COMMISSIONER

Reports on inquiries

8

I11

The Commissioner must prepare a report of his or her findings on any inquiry.

2

The report must not—

I2a

identify a failure to comply with a relevant requirement (within the meaning of Part 5) by a person who is, or may be, identified by virtue of the report, or

I1b

otherwise refer to the activities of a person who is, or may be, identified by virtue of the report, unless the Commissioner thinks that the reference—

i

will not cause the person harm, or

ii

is necessary for the report to adequately reflect the results of the inquiry (having regard to its terms of reference).

I13

The Commissioner must send a draft of the report to the Welsh Ministers.

I14

If the terms of reference specify a particular person or category of person, the Commissioner must also send a draft of the report to each relevant person.

I15

The Commissioner must—

a

give the Welsh Ministers, and any other person to whom a draft of a report is sent, an opportunity to make representations about the draft report, and

b

consider any representations made.

I16

After settling the report (having complied with sub-paragraph (5)), the Commissioner must publish it.

I17

This paragraph does not affect the application of F2the data protection legislation to the Commissioner.

I18

In this paragraphF1—

  • “the data protection legislation” (“y ddeddfwriaeth diogelu data”) has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

  • “relevant person” has the same meaning as in paragraph 3.