C1Part VI Miscellaneous and General
Functions of Commissioner
52CF2Alteration or replacement of F3data-sharing and direct marketing codes
1
The Commissioner—
a
must keep the data-sharing code F4and the direct marketing code under review, and
b
F5in either case, may prepare an alteration to the code or a replacement code.
2
Where, by virtue of a review under subsection (1)(a) or otherwise, the Commissioner becomes aware that the terms of the code could result in the United Kingdom being in breach of any of its F1EU obligations or any other international obligation, the Commissioner must exercise the power under subsection (1)(b) with a view to remedying the situation.
3
Before an alteration or replacement code is prepared under subsection (1), the Commissioner must consult such of the following as the Commissioner considers appropriate—
a
trade associations (within the meaning of section 51);
b
data subjects;
c
persons who appear to the Commissioner to represent the interests of data subjects.
4
Section 52B (other than subsection (6)) applies to an alteration or replacement code prepared under this section as it applies to the code as first prepared under section 52A F6or 52AA.
5
In this section “the data-sharing code” F7and “the direct marketing code” mean the codes respectively prepared under sections 52A and 52AA and issued under section 52B(5) (as altered or replaced from time to time).
Pt. VI applied (with modifications) (3.12.2014) by The Criminal Justice and Data Protection (Protocol No. 36) Regulations 2014 (S.I. 2014/3141), regs. 1(b), 51(1)(b)