Data Protection (Amendment) Act 2003

Amendment of section 10 (enforcement of data protection) of Principal Act.

11.—Section 10 of the Principal Act is amended—

(a)  in subsection (1)—

(i)  in paragraph (a), by the deletion of “by a data controller or a data processor”, and

(ii)  in paragraph (b), by the substitution of the following subparagraph for subparagraph (ii):

“(ii) if he or she is unable to arrange, within a reasonable time, for the amicable resolution by the parties concerned of the matter the subject of the complaint, notify in writing the individual who made the complaint of his or her decision in relation to it and that the individual may, if aggrieved by the decision, appeal against it to the Court under section 26 of this Act within 21 days from the receipt by him or her of the notification.”,

(b)  by the insertion of the following subsection after subsection (1):

“(1A) The Commissioner may carry out or cause to be carried out such investigations as he or she considers appropriate in order to ensure compliance with the provisions of this Act and to identify any contravention thereof.”,

(c)  in subsection (2), by the deletion of “, being a data controller or a data processor,”,

(d)  in subsection (3), by the substitution of the following paragraph for paragraph (a):

“(a) to block, rectify, erase or destroy any of the data concerned, or”,


(e)  in subsection (7), by the substitution of the following for so much of the subsection as follows paragraph (a):

“(b) if such compliance materially modifies the data concerned, any person to whom the data were disclosed during the period beginning 12 months before the date of the service of the enforcement notice concerned and ending immediately before such compliance unless such notification proves impossible or involves a disproportionate effort,

of the blocking, rectification, erasure, destruction or statement concerned.”.