PART 5

The Information Commissioner

Duties in carrying out functions

Duties in relation to functions under the data protection legislation
120B
In carrying out functions under the data protection legislation, the Commissioner must have regard to such of the following as appear to the Commissioner to be relevant in the circumstances—
a
the desirability of promoting innovation;
b
the desirability of promoting competition;
c
the importance of the prevention, investigation, detection and prosecution of criminal offences;
d
the need to safeguard public security and national security;
e
the fact that children merit specific protection with regard to their personal data because they may be less aware of the risks and consequences associated with processing of personal data and of their rights in relation to such processing.
Ss. 120A-120D and cross-heading inserted (20.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 91(3), 142(1) (with s. 91(5)); S.I. 2025/904, reg. 2(e)
Pt. 5 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))