173 Assessment notices

Part 8 Data Protection Act 1998

173  Assessment notices

After section 41 of the Data Protection Act 1998 (c 29) insert—

“41A Assessment notices

(1)     The Commissioner may serve a data controller within subsection (2) with a notice (in this Act referred to as an “assessment notice”) for the purpose of enabling the Commissioner to determine whether the data controller has complied or is complying with the data protection principles.

(2)     A data controller is within this subsection if the data controller is—

(a)     a government department,

(b)     a public authority designated for the purposes of this section by an order made by the Secretary of State, or

(c)     a person of a description designated for the purposes of this section by such an order.

(3)     An assessment notice is a notice which requires the data controller to do all or any of the following—

(a)     permit the Commissioner to enter any specified premises;

(b)     direct the Commissioner to any documents on the premises that are of a specified description;

(c)     assist the Commissioner to view any information of a specified description that is capable of being viewed using equipment on the premises;

(d)     comply with any request from the Commissioner for—

Powered by Lexis+®

Popular documents