Section 148 — Data Protection Act 2018: Destroying or falsifying information and documents etc

Destroying or falsifying information and documents etc 148 1 This section applies where a person—

a has been given an information notice requiring the person to provide the Commissioner with information, or b has been given an assessment notice requiring the person to direct the Commissioner to a document, equipment or other material or to assist the Commissioner to view information.

2 It is an offence for the person—

a to destroy or otherwise dispose of, conceal, block or (where relevant) falsify all or part of the information, document, equipment or material, or b to cause or permit the destruction, disposal, concealment, blocking or (where relevant) falsification of all or part of the information, document, equipment or material, with the intention of preventing the Commissioner from viewing, or being provided with or directed to, all or part of the information, document, equipment or material.

3 It is a defence for a person charged with an offence under subsection (2) to prove that the destruction, disposal, concealment, blocking or falsification would have occurred in the absence of the person being given the notice.