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Information Commissioner
The Information Commissioner has wide-ranging powers to enable him to investigate and rectify alleged breaches of the DPA.
Requests for Assessment
If you consider yourself to be directly affected by any processing of personal data, you may make a request for assessment to the Information Commissioner under Section 42 of the DPA.
The Commissioner may then “make an assessment in such manner as appears to him to be appropriate”. This means that the assessment could take the forms of a limited evaluation or a full-scale investigation, or something in between.
When deciding the appropriate way in which to make an assessment, the Commissioner will consider the extent to which the request appears to raise a matter of substance; any undue delay in making the request; and whether or not you are entitled to make an application for subject access in respect of the information in question.
The Commissioner has powers to require the production of information and evidence from controllers by way of an information notice or the issue of a warrant.
The Commissioner must notify you whether he has made an assessment as a result of the request. He must also tell you of any view formed or action taken as a result of the request. However, he does not have to provide you with information about the nature of the assessment. Nor is he obliged to tell you whether any further inquires were taken or provide you with any finding of fact or evidence.
Moreover, it is unlikely that you will be able to obtain access to reports or statements arising from any investigation carried out by the Commissioner. This is because a public body is usually only able to disclose confidential information with the consent of the person who provided it, unless disclosure is in the public interest.
Further information is available from the Commissioner’s office or on the Commissioner’s website in publications entitled “Handling Assessments” and “Requests for Assessment”.
Enforcement Notices
If you consider that a controller is in breach of any of the Data Protection Principles, you can apply to the Commissioner to serve an enforcement notice upon a data controller (section 40).
An enforcement notice requires a data controller to take, or to refrain from taking, specified steps or to refrain from processing any personal data altogether, or from processing for a specified purpose or in a specified manner.
In deciding whether to serve an enforcement notice, the Commissioner will consider whether the breach has caused or is likely to cause you or any other person damage or distress.
Information Notices
The Commissioner may serve an information notice on a data controller
- in response to receiving a request for assessment in respect of any processing of personal data detailing the information he requires from them; or
- of his own volition where he reasonably requires any information to decide whether or not the data controller has complied, or is complying, with the Data Protection Principles.
The notice requires the data controller to provide the Commissioner with such information within a specified period of time.
Special Information Notices
In circumstances where:
a) the personal data are being processed only for the special purposes, or
b) the personal data are 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.
Right of Appeal from a Notice
A person on whom an enforcement notice, or information notice or a special information notice has been served may appeal to the Information Tribunal against the notice.
Failure to Comply with a Notice
Failure to comply with an enforcement notice, an information notice or a special information notice is an offence unless the person charged is able to show that they exercised all due diligence to comply with the notice.
It is also an offence for someone to make a statement which they know to be false in a material respect, or recklessly to make a statement which is false in a material respect, in purported compliance with an information notice or a special information notice.
If there are reasonable grounds for suspecting that an offence has been or is being committed under the DPA or that any of the Data Protection Principles have been or are being contravened, the Commissioner may apply to a circuit judge for a warrant to enter and search premises on which it is suspected that evidence of the offence or contravention of the Principles is to be found.
Assistance in cases involving processing for the special purposes
If you are bringing legal proceedings relating to personal data processed for the special purposes (i.e. the purposes of journalism, artistic purpose of literary purposes), you can apply to the Commissioner for assistance.
The Commissioner has a wide discretion as to whether or not and, if so, to what extent he will provide assistance, which would be in terms of legal advice and/or representation and/or financial assistance in relation to the proceedings. However, he will only provide assistance if he considers that the case involves a matter of substantial public importance. This will be for the Commissioner to decide on the particular facts of each case.
Requests for Assessment
If you consider yourself to be directly affected by any processing of personal data, you may make a request for assessment to the Information Commissioner under Section 42 of the DPA.
The Commissioner may then “make an assessment in such manner as appears to him to be appropriate”. This means that the assessment could take the forms of a limited evaluation or a full-scale investigation, or something in between.
When deciding the appropriate way in which to make an assessment, the Commissioner will consider the extent to which the request appears to raise a matter of substance; any undue delay in making the request; and whether or not you are entitled to make an application for subject access in respect of the information in question.
The Commissioner has powers to require the production of information and evidence from controllers by way of an information notice or the issue of a warrant.
The Commissioner must notify you whether he has made an assessment as a result of the request. He must also tell you of any view formed or action taken as a result of the request. However, he does not have to provide you with information about the nature of the assessment. Nor is he obliged to tell you whether any further inquires were taken or provide you with any finding of fact or evidence.
Moreover, it is unlikely that you will be able to obtain access to reports or statements arising from any investigation carried out by the Commissioner. This is because a public body is usually only able to disclose confidential information with the consent of the person who provided it, unless disclosure is in the public interest.
Further information is available from the Commissioner’s office or on the Commissioner’s website in publications entitled “Handling Assessments” and “Requests for Assessment”.
Enforcement Notices
If you consider that a controller is in breach of any of the Data Protection Principles, you can apply to the Commissioner to serve an enforcement notice upon a data controller (section 40).
An enforcement notice requires a data controller to take, or to refrain from taking, specified steps or to refrain from processing any personal data altogether, or from processing for a specified purpose or in a specified manner.
In deciding whether to serve an enforcement notice, the Commissioner will consider whether the breach has caused or is likely to cause you or any other person damage or distress.
Information Notices
The Commissioner may serve an information notice on a data controller
- in response to receiving a request for assessment in respect of any processing of personal data detailing the information he requires from them; or
- of his own volition where he reasonably requires any information to decide whether or not the data controller has complied, or is complying, with the Data Protection Principles.
The notice requires the data controller to provide the Commissioner with such information within a specified period of time.
Special Information Notices
In circumstances where:
- a request for an assessment is made; or
- the data controller claims the special purposes exemption in any proceedings and where the Commissioner has reasonable grounds for suspecting that the personal data to which the proceedings relate: - are not being processed only for the special purposes, or
- are not being processed with a view to the publication by any person of any journalistic, literary or artistic material which has not been previously published by the data controller,
a) the personal data are being processed only for the special purposes, or
b) the personal data are 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.
Right of Appeal from a Notice
A person on whom an enforcement notice, or information notice or a special information notice has been served may appeal to the Information Tribunal against the notice.
Failure to Comply with a Notice
Failure to comply with an enforcement notice, an information notice or a special information notice is an offence unless the person charged is able to show that they exercised all due diligence to comply with the notice.
It is also an offence for someone to make a statement which they know to be false in a material respect, or recklessly to make a statement which is false in a material respect, in purported compliance with an information notice or a special information notice.
If there are reasonable grounds for suspecting that an offence has been or is being committed under the DPA or that any of the Data Protection Principles have been or are being contravened, the Commissioner may apply to a circuit judge for a warrant to enter and search premises on which it is suspected that evidence of the offence or contravention of the Principles is to be found.
Assistance in cases involving processing for the special purposes
If you are bringing legal proceedings relating to personal data processed for the special purposes (i.e. the purposes of journalism, artistic purpose of literary purposes), you can apply to the Commissioner for assistance.
The Commissioner has a wide discretion as to whether or not and, if so, to what extent he will provide assistance, which would be in terms of legal advice and/or representation and/or financial assistance in relation to the proceedings. However, he will only provide assistance if he considers that the case involves a matter of substantial public importance. This will be for the Commissioner to decide on the particular facts of each case.
