Gathering and use of information
I1I213Further power to require information in a formal investigation
1
When carrying out a formal investigation under section 8, the Commissioner may require any person to supply information that—
a
is in the person’s possession or control,
b
may be relevant to the investigation, and
c
is not information that the person would be entitled to refuse to provide in proceedings in a court in Scotland.
2
But the Commissioner may only impose a requirement to supply information under this section if the Commissioner is satisfied that requiring the information to be supplied is proportionate to the seriousness of the issue being investigated.
3
A requirement under this section is imposed on a person when the Commissioner gives the person written notice specifying—
a
the information that the person is required to supply,
b
the way in which the person is required to supply it, and
c
the time by which the person is to supply it.
4
The Commissioner may require a person to supply information under this section whether or not—
a
the Commissioner stated in a formal investigation’s terms of reference that the Commissioner expected to need access to the information,
5
The Commissioner’s power to require a person to supply information under this section is without prejudice to the Commissioner’s power to require a person to supply information under section 12.
6
In this section, “information” includes unrecorded information.