Data Protection Act 2018

[F1 148B Interview notices: restrictions U.K.

(1) An interview notice does not require an individual to answer questions to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.

(2) An interview notice does not require an individual to answer questions 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.

(3) An interview notice does not require an individual to answer questions 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.

(4) In subsections (2) and (3), references to the client of a professional legal adviser include references to a person acting on behalf of the client.

(5) An interview notice does not require an individual to answer questions if doing so would, by revealing evidence of the commission of an offence, expose the individual to proceedings for that offence.

(6) The reference to an offence in subsection (5) 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).

(7) A statement made by an individual in response to an interview notice may not be used in evidence against that individual on a prosecution for an offence under this Act (other than an offence under section 148C) unless in the proceedings—

(a) in giving evidence the individual 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 individual or on that individual’s behalf.

(8) The Commissioner may not give an interview notice with respect to the processing of personal data for the special purposes.

(9) The Commissioner may not give an interview notice to an individual for the purpose of investigating a suspected failure or offence if the controller or processor suspected of the failure or offence is a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters).]

Textual Amendments

F1 Ss. 148A-148C and cross-heading inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(2), 142(1); S.I. 2026/82, reg. 2(s)