Legislation – Data (Use and Access) Act 2025

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Part 1Access to customer data and business data

Enforcement

9Restrictions on powers of investigation etc

(1)

Regulations under this Part may not—

(a)

authorise entry to a private dwelling without a warrant issued by a justice, or

(b)

require a person to provide information within subsections (2) to (7) to a decision-maker, an interface body or an enforcer.

(2)

Information is within this subsection if requiring a person to provide the information would involve an infringement of the privileges of either House of Parliament.

(3)

Information is within this subsection if it is 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 imposed or conferred by or under regulations made under this Part.

(4)

Information is within this subsection if it is 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 regulations made under this Part (including proceedings arising out of the exercise of powers conferred by such regulations), 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)

Information is within this subsection if requiring a person to provide the information 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)

regulations made under this Part;

(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 a request for information made by a decision-maker, an interface body or an enforcer in accordance with regulations under this Part may not be used in evidence against that person on a prosecution for an offence (other than an offence under regulations made under this Part) 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 this section, “justice” means—

(a)

in England and Wales, a justice of the peace,

(b)

in Scotland, a sheriff or summary sheriff, and

(c)

in Northern Ireland, a lay magistrate.