PART 6Enforcement

Information notices

142Information notices

(1)

The F1Commission may, by written notice (an “information notice”)—

(a)

require a controller or processor to provide the F1Commission with information F2or documents that the F1Commission reasonably requires for the purposes of carrying out the F1Commission's functions under the data protection legislation, or

(b)

require any person to provide the F1Commission with information F3or documents that the F1Commission reasonably requires for the purposes of—

(i)

investigating a suspected failure of a type described in section 149(2) or a suspected offence under this Act, or

(ii)

determining whether the processing of personal data is carried out by an individual in the course of a purely personal or household activity.

(2)

An information notice must state—

(a)

whether it is given under subsection (1)(a), (b)(i) or (b)(ii), and

(b)

why the F1Commission requires the information F4or documents.

(3)

An information notice—

(a)

may specify or describe particular information F5or documents or a category of information F5or documents;

(b)

may specify the form in which the information F6or documents must be provided;

(c)

may specify the time at which, or the period within which, the information F7or documents must be provided;

(d)

may specify the place where the information F8or documents must be provided;

(but see the restrictions in subsections (5) to (7)).

(4)

An information notice must provide information about—

(a)

the consequences of failure to comply with it, and

(b)

the rights under sections 162 and 164 (appeals etc).

(5)

An information notice may not require a person to provide information F9or documents before the end of the period within which an appeal can be brought against the notice.

(6)

If an appeal is brought against an information notice, the information F10or documents need not be provided pending the determination or withdrawal of the appeal.

(7)

If an information notice—

(a)

states that, in the F11Commission's opinion, the informationF12or documents are required urgently, and

(b)

gives the F11Commission's reasons for reaching that opinion,

subsections (5) and (6) do not apply but the notice must not require the information F13or documents to be provided before the end of the period of 24 hours beginning when the notice is given.

(8)

The F11Commission may cancel an information notice by written notice to the person to whom it was given.

(9)

In subsection (1), in relation to a person who is a controller or processor for the purposes of the F14UK GDPR, the reference to a controller or processor includes a representative of a controller or processor designated under Article 27 of the F14UK GDPR (representatives of controllers or processors not established in F15the United Kingdom).

(10)

Section 3(14)(c) does not apply to the reference to the processing of personal data in subsection (1)(b).