49. Information notices

49.—

1. Where the Commissioner—

(a) has received a request under section 46;

(b) reasonably requires any information for the purpose of determining whether a data controller has complied, or is complying, with the provisions of this Act; or

(c) has reasonable grounds for suspecting that, in a case in which proceedings have been stayed under section 36(4) (stay of proceedings pending determination as to whether processing is for the special purposes), the personal data to which the proceedings relate—

(i) are not being processed only for the special purposes; or

(ii) are not being processed with a view to the publication by any person of any journalistic, literary or artistic material which has not previously been published by the data controller,

the Commissioner may serve the data controller concerned with a notice (in this Act referred to as an “information notice”) requiring the data controller to furnish the Commissioner with the specified information relating to the request or to compliance with the provisions of this Act (as the case may be).

2. For the purposes of subsection (1), the specified information is information—

(a) specified, or described, in the information notice; or

(b) falling within a category which is specified, or described, in the information notice, and may include information about processing of personal data and the documentation thereof, as well as information relating to the security and confidentiality of such processing and documentation.

3. An information notice may specify the form in which the information shall be furnished, and shall—

(a) subject to subsection (4), specify the period within which, or the time and place at which, the information shall be furnished;

(b) contain—

(i) in any case falling within subsection (l)(a), a statement that the Commissioner has received a request under section 46 in relation to the processing specified in the notice;

(ii) in any case falling within subsection (l)(b), a statement that the Commissioner regards the specified information as relevant for the purpose of determining whether the data controller has complied, or is complying, with this Act and the Commissioner’s reasons for regarding the information as relevant for that purpose;

(iii) in any case falling within subsection (l)(c), a statement—

(A) that the Commissioner regards the specified information as relevant for the purpose of ascertaining whether they are being processed as mentioned in subsection (l)(c); and

(B) of the Commissioner’s grounds for suspecting that the personal data are not being processed as mentioned in subsection (l)(c);

(d) if by reason of special circumstances, the Commissioner determines that the information is required as a matter of urgency, include a statement to that effect together with the Commissioner’s reasons for that determination.

4. The period or time specified under subsection (3)(a)—

(a) in any case falling within subsection (3)(d), shall not require the information to be furnished before the end of the period of seven days beginning on the day on which the notice is served;

(b) in any other case, shall not require the information to be given before the end of the period within which an appeal can be brought against the notice,

and if an appeal is brought against the notice, the information need not be furnished pending the determination or withdrawal of the appeal.

5. A person shall not be required by virtue of this section to furnish the Commissioner with any information in respect of any communication that is subject to legal professional privilege.

6. A person shall not be required by virtue of this section to furnish the Commissioner with any information if the furnishing of that information would expose that person to proceedings for an offence by revealing evidence of the commission of that offence, other than an offence under this Act or an offence under section 8 of the Perjury Act (false voluntary declarations and other false statements without oath).

7. Any relevant statement provided by a person in response to a requirement under this section may not be used in evidence against that person or on a prosecution for any offence under this Act, other than an offence under section 52 (failure to comply with notice), unless in the proceedings—

(a) in giving evidence, the person provides information inconsistent with the statement; or

(b) evidence relating to the statement is adduced, or a question relating to the statement is asked, by that person or on that person’s behalf.

8. In subsection (7), “relevant statement”, in relation to a requirement under this section, means—

(a) an oral statement; or

(b) a written statement made for the purposes of the requirement.

9. The Commissioner may cancel an information notice by written notice to the person on whom the information notice was served.

10. This section has effect subject to section 51(3).

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