Section 143 — Data Protection Act 2018: Information notices: restrictions

Information notices: restrictions 143 1 The Commissioner may not give an information notice with respect to the processing of personal data for the special purposes unless—

a a determination under section 174 with respect to the data or the processing has taken effect, or b the Commissioner—

i has reasonable grounds for suspecting that such a determination could be made, and ii the information is required for the purposes of making such a determination.

2 An information notice does not require a person to give the Commissioner information to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.

3 An information notice does not require a person to give the Commissioner information 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.

4 An information notice does not require a person to give the Commissioner information 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.

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

6 An information notice does not require a person to provide the Commissioner with information if doing so would, by revealing evidence of the commission of an offence expose the person to proceedings for that offence.

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

8 An oral or written statement provided by a person in response to an information notice may not be used in evidence against that person on a prosecution for an offence under this Act (other than an offence under section 144) unless in the proceedings—

a in giving evidence the person 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 person or on that person's behalf.

9 In subsection (6), in relation to an information notice given to a representative of a controller or processor designated under Article 27 of the UK GDPR , the reference to the person providing the information being exposed to proceedings for an offence includes a reference to the controller or processor being exposed to such proceedings.