Part 5Data protection and privacy

Chapter 1Data protection

Information Commissioner’s role

94Manifestly unfounded or excessive requests to the Commissioner

(1)

The 2018 Act is amended in accordance with subsections (2) and (3).

(2)

In section 135 (manifestly unfounded or excessive requests made to the Commissioner)—

(a)

before subsection (1) insert—

“A1

This section makes provision about cases in which a request made to the Commissioner, to which the Commissioner is required or authorised to respond under the data protection legislation, is manifestly unfounded or excessive.”,

(b)

in subsection (1) omit the words from the beginning to “excessive,”,

(c)

after subsection (1) insert—

“(1A)

In subsection (1)—

(a)

the reference in paragraph (a) to charging a reasonable fee is, in a case in which section 134 is relevant, a reference to doing so under that section, and

(b)

paragraph (b) is not to be read as implying anything about whether the Commissioner may refuse to act on requests that are neither manifestly unfounded nor excessive.”,

(d)

in subsection (3), for “(1)” substitute “(A1)”,

(e)

omit subsection (4), and

(f)

after that subsection insert—

“(5)

Article 57(3) of the UK GDPR (performance of Commissioner’s tasks generally to be free of charge for data subject) has effect subject to this section.”

(3)

In section 136(1) (guidance about fees), omit paragraph (b) and the “or” before it.

(4)

In Article 57 of the UK GDPR (Commissioner’s tasks), omit paragraph 4.