Section 148A — Data Protection Act 2018: Interview notices

Interview notices 148A 1 This section applies where the Commissioner suspects that a controller or processor—

a has failed or is failing as described in section 149(2), or b has committed or is committing an offence under this Act.

2 For the purpose of investigating the suspected failure or offence, the Commissioner may, by written notice (an “interview notice”), require an individual within subsection (3) to—

a attend at a place specified in the notice, and b answer questions with respect to any matter relevant to the investigation.

3 An individual is within this subsection if the individual—

a is the controller or processor, b is or was at any time employed by, or otherwise working for, the controller or processor, or c is or was at any time concerned in the management or control of the controller or processor.

4 An interview notice must specify the time at which the individual must attend at the specified place and answer questions (but see the restrictions in subsections (6) and (7)).

5 An interview notice must—

a indicate the nature of the suspected failure or offence that is the subject of the investigation, b provide information about the consequences of failure to comply with the notice, and c provide information about the rights under sections 162 and 164 (appeals etc).

6 An interview notice may not require an individual to attend at the specified place and answer questions before the end of the period within which an appeal can be brought against the notice.

7 If an appeal is brought against an interview notice, the individual to whom the notice is given need not attend at the specified place and answer questions pending the determination or withdrawal of the appeal.

8 If an interview notice—

a states that, in the Commissioner’s opinion, it is necessary for the individual to attend at the specified place and answer questions urgently, and b gives the Commissioner’s reasons for reaching that opinion, subsections (6) and (7) do not apply but the notice must not require the individual to attend at the specified place and answer questions before the end of the period of 24 hours beginning when the notice is given.

9 The Commissioner may cancel or vary an interview notice by written notice to the individual to whom it was given.