SCHEDULES

SCHEDULE 20Transitional provision etc

PART 7Enforcement etc under the 1998 Act

Information notices

30

1

The repeal of section 43 of the 1998 Act (information notices) does not affect the application of that section after the relevant time in a case in which—

a

the Commissioner served a notice under that section before the relevant time (and did not cancel it before that time), or

b

the Commissioner requires information after the relevant time for the purposes of—

i

responding to a request made under section 42 of the 1998 Act before that time,

ii

determining whether a data controller complied with the old data protection principles before that time, or

iii

determining whether a data controller complied with the sixth data protection principle sections after that time.

2

In section 43 of the 1998 Act, as it has effect by virtue of this paragraph—

a

the reference to an offence under section 47 of the 1998 Act includes an offence under section 144 of this Act, and

b

the references to an offence under the 1998 Act include an offence under this Act.

3

In this paragraph, “the relevant time” means the time when the repeal of section 43 of the 1998 Act comes into force.