PART 3Law enforcement processing
CHAPTER 3Rights of the data subject
Supplementary
51Exercise of rights through the F1Commission
(1)
This section applies where a controller—
(a)
restricts under section 44(4) the information provided to the data subject under section 44(2) (duty of the controller to give the data subject additional information),
(b)
restricts under section 45(4) the data subject's rights under section 45(1) (right of access),
F2(ba)
relies on the exemption from sections 44(2) and 45(1) in section 45A (legal professional privilege), or
(c)
refuses a request by the data subject for rectification under section 46 or for erasure or restriction of processing under section 47.
(2)
The data subject may—
(a)
where subsection (1)(a) or (b) applies, request the F1Commission to check that the restriction imposed by the controller was lawful;
F3(aa)
where subsection (1)(ba) applies, request the F1Commission to check that the controller was entitled to rely on the exemption;
(b)
where subsection (1)(c) applies, request the F1Commission to check that the refusal of the data subject's request was lawful.
(3)
(4)
After taking those steps, the F1Commission must inform the data subject—
(a)
where subsection (1)(a) or (b) applies, whether the F1Commission is satisfied that the restriction imposed by the controller was lawful;
F4(aa)
where subsection (1)(ba) applies, whether the F1Commission is satisfied that the controller was entitled to rely on the exemption;
(b)
where subsection (1)(c) applies, whether the F1Commission is satisfied that the controller's refusal of the data subject's request was lawful.
(5)
The F1Commission must also inform the data subject of the data subject's right to apply to a court under section 167.