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,

b

the Commissioner took steps to bring the investigation’s terms of reference to the person’s attention in accordance with section 8(2)(a).

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.