PART 5The Information Commissioner
Codes of practice
F1124AOther codes of practice
(1)
The Commissioner must prepare appropriate codes of practice giving guidance as to good practice in the processing of personal data if required to do so by regulations made by the Secretary of State.
(2)
Regulations under this section—
(a)
must describe the personal data or processing to which the code of practice is to relate, and
(b)
may describe the persons or classes of person to whom it is to relate.
(3)
Where a code under this section is in force, the Commissioner may prepare amendments of the code or a replacement code.
(4)
Before preparing a code or amendments under this section, the Commissioner must consult the Secretary of State and such of the following as the Commissioner considers appropriate—
(a)
trade associations;
(b)
data subjects;
(c)
persons who appear to the Commissioner to represent the interests of data subjects.
(5)
A code under this section may include transitional provision or savings.
(6)
Regulations under this section are subject to the negative resolution procedure.
(7)
In this section—
“good practice in the processing of personal data” means such practice in the processing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, including compliance with the requirements of the data protection legislation;
“trade association” includes a body representing controllers or processors.