Legislation – Data (Use and Access) Act 2025

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”.

98Power of the Commissioner to require a report

(1)

The 2018 Act is amended as follows.

(2)

In section 146 (assessment notices)—

(a)

in subsection (2), after paragraph (i), insert—

“(j)

make arrangements for an approved person to prepare a report on a specified matter;

(k)

provide to the Commissioner a report prepared in pursuance of such arrangements.”,

(b)

after subsection (3) insert—

“(3A)

An assessment notice that requires a controller or processor to make arrangements for an approved person to prepare a report may require the arrangements to include specified terms as to—

(a)

the preparation of the report;

(b)

the contents of the report;

(c)

the form in which the report is to be provided;

(d)

the date by which the report is to be completed.”,

(c)

after subsection (11) insert—

“(11A)

Where the Commissioner gives an assessment notice that requires the controller or processor to make arrangements for an approved person to prepare a report, the controller or processor is liable for the payment of the approved person’s remuneration and expenses under the arrangements.”, and

(d)

in subsection (12), before the definition of “domestic premises” insert—

““approved person”, in relation to a report, means a person approved to prepare the report in accordance with section 146A;”.

(3)

After section 146 insert—

“146AAssessment notices: approval of person to prepare report etc

(1)

This section applies where an assessment notice requires a controller or processor to make arrangements for an approved person to prepare a report.

(2)

The controller or processor must, within such period as is specified in the assessment notice, nominate to the Commissioner a person to prepare the report.

(3)

If the Commissioner is satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor approve the nominated person to prepare the report.

(4)

If the Commissioner is not satisfied that the nominated person is a suitable person to prepare the report, the Commissioner must by written notice to the controller or processor—

(a)

inform the controller or processor that the Commissioner has decided not to approve the nominated person to prepare the report,

(b)

inform the controller or processor of the reasons for that decision, and

(c)

approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so.

(5)

If the controller or processor does not nominate a person within the period specified in the assessment notice, the Commissioner must by written notice to the controller or processor approve a person who the Commissioner is satisfied is a suitable person to prepare the report to do so.

(6)

It is the duty of the controller or processor to give the person approved to prepare the report all such assistance as the person may reasonably require to prepare the report.”

(4)

In section 155 (penalty notices), in subsection (1)—

(a)

omit the “or” at the end of paragraph (a), and

(b)

at the end of paragraph (b) insert “, or

(c)

has failed to comply with a duty imposed on the person by section 146A(6).”

(5)

In section 160 (guidance about regulatory action), in subsection (4), after paragraph (a) insert—

“(aa)

provision specifying factors to be considered in determining whether to give an assessment notice to a person that imposes a requirement of a sort mentioned in section 146(2)(j);

(ab)

provision about the factors the Commissioner may take into account when determining the suitability of a person to prepare a report of a sort mentioned in section 146(2)(j);”.

99Assessment notices: removal of OFSTED restriction

In section 147 of the 2018 Act (assessment notices: restrictions), in subsection (6), omit paragraph (b) and the “or” before it.

100Interview notices

(1)

The 2018 Act is amended as follows.

(2)

After section 148 insert—

“Interview notices

148AInterview notices

(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.

148BInterview notices: restrictions

(1)

An interview notice does not require an individual to answer questions to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.

(2)

An interview notice does not require an individual to answer questions 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.

(3)

An interview notice does not require an individual to answer questions 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.

(4)

In subsections (2) and (3), references to the client of a professional legal adviser include references to a person acting on behalf of the client.

(5)

An interview notice does not require an individual to answer questions if doing so would, by revealing evidence of the commission of an offence, expose the individual to proceedings for that offence.

(6)

The reference to an offence in subsection (5) 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).

(7)

A statement made by an individual in response to an interview notice may not be used in evidence against that individual on a prosecution for an offence under this Act (other than an offence under section 148C) unless in the proceedings—

(a)

in giving evidence the individual 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 individual or on that individual’s behalf.

(8)

The Commissioner may not give an interview notice with respect to the processing of personal data for the special purposes.

(9)

The Commissioner may not give an interview notice to an individual for the purpose of investigating a suspected failure or offence if the controller or processor suspected of the failure or offence is a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters).

148CFalse statements made in response to interview notices

It is an offence for an individual, in response to an interview notice—

(a)

to make a statement which the individual knows to be false in a material respect, or

(b)

recklessly to make a statement which is false in a material respect.”

(3)

In section 149 (enforcement notices), in subsection (9)(b)—

(a)

after “an assessment notice” insert “, an interview notice”, and

(b)

after “147” insert “, 148A, 148B”.

(4)

In section 155 (penalty notices), in subsection (1)(b), after “assessment notice” insert “, an interview notice”.

(5)

In section 157 (maximum amount of penalty), in subsection (4), after “assessment notice” insert “, an interview notice”.

(6)

In section 160 (guidance about regulatory action)—

(a)

in subsection (1), after paragraph (b) insert—

“(ba)

interview notices,”, and

(b)

after subsection (5) insert—

“(5A)

In relation to interview notices, the guidance must include—

(a)

provision specifying factors to be considered in determining whether to give an interview notice to an individual;

(b)

provision about the circumstances in which the Commissioner would consider it appropriate to give an interview notice to an individual in reliance on section 148A(8) (urgent cases);

(c)

provision about the circumstances in which the Commissioner would consider it appropriate to vary the place or time specified in an interview notice at the request of the individual to whom the notice is given;

(d)

provision about the nature of interviews carried out in accordance with an interview notice;

(e)

provision about how the Commissioner will determine how to proceed if an individual does not comply with an interview notice.”

(7)

In section 162 (rights of appeal), in subsection (1), after paragraph (b) insert—

“(ba)

an interview notice;”.

(8)

In section 164 (applications in respect of urgent notices)—

(a)

in subsection (1), after “assessment notice” insert “, an interview notice”, and

(b)

in subsection (5), after paragraph (b) (but before the “and” at the end of that paragraph) insert—

“(ba)

in relation to an interview notice, a statement under section 148A(8)(a),”.

(9)

In section 181 (interpretation of Part 6), at the appropriate place, insert—

““interview notice” has the meaning given in section 148A;”.

(10)

In section 196 (penalties for offences), in subsection (2), after “148,” insert “148C,”.

(11)

In section 206 (index of defined expressions), at the appropriate place, insert—

“interview notice (in Part 6)

section 181”.

(12)

In Schedule 17 (review of processing of personal data for the purposes of journalism)—

(a)

after paragraph 3 insert—

“Interview notices

3A

(1)

Sub-paragraph (2) applies where the Commissioner gives an interview notice to an individual during a relevant period.

(2)

If the interview notice—

(a)

states that, in the Commissioner’s opinion, it is necessary for the individual to comply with a requirement in the notice for the purposes of the relevant review, and

(b)

gives the Commissioner’s reasons for reaching that opinion,

subsections (6) and (7) of section 148A do not apply but the notice must not require the individual to comply with the requirement before the end of the period of 24 hours beginning when the notice is given.

(3)

During a relevant period, section 148B has effect as if for subsection (8) there were substituted—

“(8)

The Commissioner may not give an individual an interview notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect.”

(b)

in paragraph 4 (applications in respect of urgent notices)—

(i)

for “or assessment notice” substitute “, assessment notice or interview notice”,

(ii)

for “or 3(2)(a)” substitute “, 3(2)(a) or 3A(2)(a)”, and

(iii)

for “or 146(8)(a)” substitute “, 146(8)(a) or 148A(8)(a)”.

101Penalty notices

(1)

The 2018 Act is amended as follows.

(2)

In paragraph 2 of Schedule 16 (notice of intent to impose penalty), omit sub-paragraphs (2) and (3).

(3)

In paragraph 4 of that Schedule (giving a penalty notice)—

(a)

before sub-paragraph (1) insert—

“A1

This paragraph applies where the Commissioner gives a notice of intent to a person.

A2

Within the period of 6 months beginning when the notice is given, or as soon as reasonably practicable thereafter, the Commission must give to the person—

(a)

a penalty notice, or

(b)

written notice that the Commissioner has decided not to give a penalty notice to the person.”,

(b)

in sub-paragraph (1)—

(i)

at the beginning, insert “But”, and

(ii)

after “penalty notice” insert “to the person”, and

(c)

in sub-paragraph (2), for “a person” substitute “the person”.

(4)

In section 160 (guidance about regulatory action), in subsection (7), after paragraph (d) insert—

“(e)

provision about the circumstances in which the Commissioner would consider it necessary to comply with the duty in paragraph 4(A2) of Schedule 16 after the period of 6 months mentioned in that paragraph.”

102Annual report on regulatory action

(1)

The 2018 Act is amended as follows.

(2)

In section 139 (reporting to Parliament), before subsection (3) insert—

“(2A)

The report under this section may include the annual report under section 161A.”

(3)

In the italic heading before section 160, at the end insert “and report”.

(4)

After section 161 insert—

“161AAnnual report on regulatory action

(1)

The Commissioner must produce and publish an annual report containing the information described in subsections (2) to (5).

(2)

The report must include the following information about UK GDPR investigations—

(a)

the number of investigations begun, continued or completed by the Commissioner during the reporting period,

(b)

the different types of act and omission that were the subject matter of the investigations,

(c)

the enforcement powers exercised by the Commissioner in the reporting period in connection with the investigations,

(d)

the duration of investigations that ended in the reporting period, and

(e)

the different types of outcome in investigations that ended in that period.

(3)

The report must include information about the enforcement powers exercised by the Commissioner in the reporting period in connection with—

(a)

processing of personal data by a competent authority for any of the law enforcement purposes, and

(b)

processing of personal data to which Part 4 applies.

(4)

The information included in the report in accordance with subsections (2) and (3) must include information about—

(a)

the number of penalty notices given in the reporting period that were given more than 6 months after the notice of intent was given under paragraph 2 of Schedule 16, and

(b)

the reasons why that happened.

(5)

The report must include a review of how the Commissioner had regard to the guidance published under section 160 when exercising the Commissioner’s enforcement powers as described in subsections (2)(c) and (3).

(6)

In this section—

“enforcement powers” means the powers under—

(a)

Article 58(1)(c) and (d) and (2)(a) and (b) of the UK GDPR,

(b)

sections 142 to 159 of this Act,

(c)

paragraph 2(a), (b) and (c) of Schedule 13 to this Act, and

(d)

Schedules 15 and 16 to this Act;

“the law enforcement purposes” has the meaning given in section 31 of this Act;

“the reporting period” means the period to which the report relates;

“UK GDPR investigation” means an investigation required under Article 57(1)(h) of the UK GDPR (investigations on the application of the UK GDPR).”

103Complaints by data subjects

(1)

The 2018 Act is amended in accordance with subsections (2) and (3).

(2)

Before section 165 (but after the italic heading before it) insert—

“164AComplaints by data subjects to controllers

(1)

A data subject may make a complaint to the controller if the data subject considers that, in connection with personal data relating to the data subject, there is an infringement of the UK GDPR or Part 3 of this Act.

(2)

A controller must facilitate the making of complaints under this section by taking steps such as providing a complaint form which can be completed electronically and by other means.

(3)

If a controller receives a complaint under this section, the controller must acknowledge receipt of the complaint within the period of 30 days beginning when the complaint is received.

(4)

If a controller receives a complaint under this section, the controller must without undue delay—

(a)

take appropriate steps to respond to the complaint, and

(b)

inform the complainant of the outcome of the complaint.

(5)

The reference in subsection (4)(a) to taking appropriate steps to respond to the complaint includes—

(a)

making enquiries into the subject matter of the complaint, to the extent appropriate, and

(b)

informing the complainant about progress on the complaint.

164BControllers to notify the Commissioner of the number of complaints

(1)

The Secretary of State may by regulations require a controller to notify the Commissioner of the number of complaints made to the controller under section 164A in periods specified or described in the regulations.

(2)

Regulations under this section may provide that a controller is required to make a notification to the Commissioner in respect of a period only in circumstances specified in the regulations.

(3)

Regulations under this section may include—

(a)

provision about a matter listed in subsection (4), or

(b)

provision conferring power on the Commissioner to determine those matters.

(4)

The matters are—

(a)

the form and manner in which a notification must be made,

(b)

the time at which, or period within which, a notification must be made, and

(c)

how the number of complaints made to a controller during a period is to be calculated.

(5)

Regulations under this section are subject to the negative resolution procedure.”

(3)

In section 165 (complaints by data subjects to the Commissioner)—

(a)

omit subsection (1), and

(b)

in subsection (2), after “infringement of” insert “the UK GDPR or”.

(4)

The UK GDPR is amended in accordance with subsections (5) and (6).

(5)

In Article 57 (Commissioner’s tasks)—

(a)

in paragraph 1, omit point (f), and

(b)

omit paragraph 2.

(6)

Omit Article 77 (right to lodge a complaint with the Commissioner).

(7)

Schedule 10 to this Act contains minor and consequential amendments.

104Court procedure in connection with subject access requests

(1)

The 2018 Act is amended as follows.

(2)

For the italic heading before section 180 substitute—

“Jurisdiction and court procedure”.

(3)

After section 180 insert—

“180AProcedure in connection with subject access requests

(1)

This section applies where a court is required to determine whether a data subject is entitled to information by virtue of a right under—

(a)

Article 15 of the UK GDPR (right of access by the data subject);

(b)

Article 20 of the UK GDPR (right to data portability);

(c)

section 45 of this Act (law enforcement processing: right of access by the data subject);

(d)

section 94 of this Act (intelligence services processing: right of access by the data subject).

(2)

The court may require the controller to make available for inspection by the court so much of the information as is available to the controller.

(3)

But, unless and until the question in subsection (1) has been determined in the data subject’s favour, the court may not require the information to be disclosed to the data subject or the data subject’s representatives, whether by discovery (or, in Scotland, recovery) or otherwise.

(4)

Where the question in subsection (1) relates to a right under a provision listed in subsection (1)(a), (c) or (d), this section does not confer power on the court to require the controller to carry out a search for information that is more extensive than the reasonable and proportionate search required by that provision.”

105Consequential amendments to the EITSET Regulations

(1)

Schedule 2 to the Electronic Identification and Trust Services for Electronic Transactions Regulations 2016 (S.I. 2016/696) (Commissioner’s enforcement powers) is amended as follows.

(2)

In paragraph 1 (provisions of the 2018 Act applied for enforcement purposes)—

(a)

after paragraph (g) insert—

“(ga)

section 146A (assessment notices: approval of person to prepare report etc);”, and

(b)

after paragraph (i) insert—

“(ia)

section 148A (interview notices);

(ib)

section 148B (interview notices: restrictions);

(ic)

section 148C (false statements made in response to interview notices);”.

(3)

In paragraph 4(2) (modification of section 143 (information notices: restrictions))—

(a)

in paragraph (b), for “or 148” substitute “, 148 or 148C”, and

(b)

in paragraph (c), after “148” insert “or 148C”.

(4)

In paragraph 6 (modification of section 146 (assessment notices)), in sub-paragraph (2)—

(a)

for paragraph (b) substitute—

“(b)

subsection (2) has effect as if—

(i)

for “controller or processor” there were substituted “trust service provider”;

(ii)

paragraphs (h) and (i) were omitted;”,

(b)

in paragraph (c), for “subsections (7), (8), (9) and (10)” substitute “subsections (3A), (7), (8), (9), (10) and (11A)”, and

(c)

in paragraph (d), for “or 148” substitute “, 148 or 148C”.

(5)

After paragraph 6 insert—

“Modification of section 146A (assessment notices: approval of person to prepare report etc)

6A

Section 146A has effect as if for “controller or processor” (in each place) there were substituted “trust service provider”.”

(6)

After paragraph 7 insert—

“Modification of section 148A (interview notices)

7A

Section 148A has effect as if—

(a)

in subsection (1)—

(i)

for “controller or processor” there were substituted “trust service provider”;

(ii)

in paragraph (a), for “as described in section 149(2)” there were substituted “to comply with the eIDAS requirements”;

(iii)

in paragraph (b), for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;

(b)

in subsection (3), for “controller or processor” (in each place) there were substituted “trust service provider”.

Modification of section 148B (interview notices: restrictions)

7B

(1)

Section 148B has effect as if subsections (8) and (9) were omitted.

(2)

In that section—

(a)

subsections (2)(b) and (3)(b) have effect as if for “the data protection legislation” there were substituted “the eIDAS Regulation or the EITSET Regulations”;

(b)

subsection (6)(a) has effect as if for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15”;

(c)

subsection (7) has effect as if for “this Act (other than an offence under section 148C)” there were substituted “section 144 or 148 or paragraph 15 of Schedule 15”.”

(7)

In paragraph 12 (modification of Schedule 15 (powers of entry and inspection)), in sub-paragraph (2), in the substituted paragraph (a), for “or 148” substitute “, 148 or 148C”.

(8)

In paragraph 13 (modification of section 155 (penalty notices)), in sub-paragraph (3)(c), for “for “data subjects”” there were substituted “for the words from “data subjects” to the end”.

(9)

Omit paragraph 21 (modification of section 182 (regulations and consultation)) and the heading before it.

(10)

In paragraph 22 (modification of section 196 (penalties for offences)), in sub-paragraph (2)(b)—

(a)

after “148”, in the first place it occurs, insert “, 148C”, and

(b)

for “or 148” substitute “, 148 or 148C”.