Part 7 Enforcement etc under the 1998 Act
Part 7 Enforcement etc under the 1998 Act

Interpretation of this Part

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(1)     In this Part of this Schedule, references to contravention of the sixth data protection principle sections are to relevant contravention of any of sections 7, 10, 11 or 12 of the 1998 Act, as they continue to have effect by virtue of this Schedule after their repeal (and references to compliance with the sixth data protection principle sections are to be read accordingly).

(2)     In sub-paragraph (1), “relevant contravention” means contravention in a manner described in paragraph 8 of Part 2 of Schedule 1 to the 1998 Act (sixth data protection principle).

Information notices

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(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

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