SCHEDULE 15 Powers of Entry and Inspection
SCHEDULE 15 Powers of Entry and Inspection

Issue of warrants in connection with non-compliance and offences

1

(1)     This paragraph applies if a judge of the High Court, a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that—

(a)     there are reasonable grounds for suspecting that—

(i)     a controller or processor has failed or is failing as described in section 149(2), or

(ii)     an offence under this Act has been or is being committed, and

(b)     there are reasonable grounds for suspecting that evidence of the failure or of the commission of the offence is to be found on premises specified in the information or is capable of being viewed using equipment on such premises.

(2)     The judge may grant a warrant to the Commissioner.

Issue of warrants in connection with assessment notices

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(1)     This paragraph applies if a judge of the High Court, a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the Commissioner that a controller or processor has failed to comply with a requirement imposed by an assessment notice.

(2)     The judge may, for the purpose of enabling the Commissioner to determine whether the controller or processor has complied or is complying with the data protection legislation, grant a warrant to the Commissioner in relation to premises that were specified in the assessment notice.

Restrictions on issuing warrants: processing for the special purposes

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A judge must not issue a warrant under this Schedule in respect of personal data processed for the

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