Legislation – Data (Use and Access) Act 2025

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Part 5Data protection and privacy

Chapter 1Data protection

Enforcement

97Power of the Commissioner to require documents

(1)

The 2018 Act is amended as follows.

(2)

In section 142 (information notices)—

(a)

in subsection (1)—

(i)

in paragraph (a), after “information” insert “or documents”, and

(ii)

in paragraph (b), after “information” insert “or documents”,

(b)

in subsection (2)(b), after “information” insert “or documents”,

(c)

in subsection (3)—

(i)

in paragraph (a), after “information”, in both places it occurs, insert “or documents”,

(ii)

in paragraph (b), after “information” insert “or documents”,

(iii)

in paragraph (c), after “information” insert “or documents”, and

(iv)

in paragraph (d), after “information” insert “or documents”,

(d)

in subsection (5), after “information”, in the second place it occurs, insert “or documents”,

(e)

in subsection (6), after “information”, in the second place it occurs, insert “or documents”, and

(f)

in subsection (7)—

(i)

in paragraph (a), for “is” substitute “or documents are”, and

(ii)

in the words after paragraph (b), after “information” insert “or documents”.

(3)

In section 143 (information notices: restrictions)—

(a)

in subsection (1)(b)(ii), for “is” substitute “or documents are”,

(b)

in subsection (2), after “information”, in the second place it occurs, insert “or documents”,

(c)

in subsection (3), for “in respect” substitute “or documents to the extent that requiring the person to do so would result in the disclosure”,

(d)

in subsection (4), for “in respect” substitute “or documents to the extent that requiring the person to do so would result in the disclosure”, and

(e)

in subsection (6), after “information”, in the second place it occurs, insert “or documents”.

(4)

In section 145 (information orders)—

(a)

in subsection (2)—

(i)

in paragraph (a), after “information”, in the first place it occurs, insert “or documents”, and

(ii)

in paragraph (b), after “information” insert “or documents”, and

(b)

in subsection (3)—

(i)

in paragraph (a), after “information” insert “or documents”,

(ii)

in paragraph (b), after “information” insert “or documents”, and

(iii)

in paragraph (c), after “information” insert “or documents”.

(5)

In section 148(1) (destroying or falsifying information and documents etc), in paragraph (a), after “information”, in the second place it occurs, insert “or a document”.

(6)

In section 160 (guidance about regulatory action), in subsection (3)(a), for “is” substitute “or documents are”.

(7)

In Schedule 17 (review of processing of personal data for the purposes of journalism), in paragraph 2(2) (information notices)—

(a)

in paragraph (a), for “is” substitute “or documents are”, and

(b)

in the words after paragraph (b), after “information” insert “or documents”.