[F152CAlteration or replacement of [F2data-sharing and direct marketing codes] U.K.
(1)The Commissioner—
(a)must keep the data-sharing code [F3and the direct marketing code] under review, and
(b)[F4in 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 [F5EU] 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).]
Textual Amendments
F1Ss. 52A-52E inserted (1.2.2010) by Coroners and Justice Act 2009 (c. 25), ss. 174(1), 175, 182 (with s. 180); S.I. 2010/145, art. 2, Sch. para. 16
F2Words in s. 52C heading substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(4), 118(2)
F3Words in s. 52C(1)(a) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(6)(a), 118(2)
F4Words in s. 52C(1)(b) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(6)(b), 118(2)
F5Word in s. 52C(2) substituted (22.4.2011) by virtue of The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), art. 6(1) (with application as mentioned in art. 3(3))
F6Words in s. 52C(4) inserted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(6)(c), 118(2)
F7Words in s. 52C(5) substituted (27.6.2017) by Digital Economy Act 2017 (c. 30), ss. 96(6)(d), 118(2)