Data Protection Act 2018

Investigation report

139. (1) Where an authorised officer has completed an investigation, he or she shall, as soon as is practicable after having considered, in so far as they are relevant to the investigation—

(a) any information, records or other documents provided to him or her,

(b) any statement or admission made by any person,

(c) any submissions made, and

(d) any evidence presented (whether at an oral hearing or otherwise),

prepare a draft, in writing, of the investigation report (“draft investigation report”) and give, or cause to be given, to the controller or processor to which the investigation relates—

(i) a copy of the draft investigation report, and

(ii) a notice in writing stating that the controller or processor concerned may, not later than 28 days from the date on which the notice was served on it (or such further period not exceeding 28 days as the authorised officer allows), make submissions in writing to the authorised officer on the content of the draft investigation report.

(2) An authorised officer shall—

(a) as soon as is practicable after the expiration of the period referred to in subsection (1)(ii), and

(b) having—

(i) considered the submissions (if any) made in accordance with subsection (1)(ii), and

(ii) made any revisions to the draft investigation report which, in the opinion of the authorised officer, are warranted following such consideration,

prepare the investigation report and submit it to the Commission with any such submissions annexed to it.

(3) An investigation report and a draft investigation report under this section shall be in writing and shall state—

(a) whether the authorised officer—

(i) is satisfied that an infringement of a relevant provision or, as the case may be, a relevant enactment by the controller or processor to which the investigation relates has occurred or is occurring, or

(ii) is not so satisfied,

(b) where paragraph (a)(i) applies, the grounds on which the authorised officer is so satisfied, and

(c) where paragraph (a)(ii) applies—

(i) the basis on which the authorised officer is not so satisfied, and

(ii) the authorised officer’s opinion, in view of such basis, on whether or not a further investigation of the controller or processor is warranted and, if warranted, the authorised officer’s opinion on the principal matters to which the further investigation should relate.

(4) Where an investigation report or a draft investigation report contains a statement referred to in subsection (3)(a)(i), the authorised officer shall not make any recommendation, or express any opinion, in such report as to the corrective power under Chapter 2 or 3, as applicable, that he or she considers ought to be exercised in respect of the controller or processor in respect of such infringement in the event that the Commission is also satisfied that an infringement has occurred or is occurring.