Formal investigations

I1I29Further provision about terms of reference

1

The terms of reference for a formal investigation under section 8 must—

a

describe the issue to be investigated,

b

identify (by name or description) any person to whom the Commissioner expects to address a recommendation in the report produced at the conclusion of the investigation,

c

state whether the Commissioner expects to need access to individuals’ information in the course of the investigation,

d

if the Commissioner does expect to need access to individuals’ information, state—

i

why that is the Commissioner’s expectation, and

ii

why the Commissioner expects to need that information in a form that does, or does not (as the case may be), allow individuals to be identified.

2

Before finalising the terms of reference for a formal investigation, the Commissioner—

a

must consult the advisory group established in accordance with section 16,

b

may consult any other person that the Commissioner considers appropriate.