Data Protection Act 2018
PART 6 Enforcement of Data Protection Regulation and Directive | ||
Chapter 1 Preliminary | ||
Interpretation (Part 6) | ||
105. (1) In this Part— | ||
“complaint” means a complaint within the meaning of Chapter 2 or 3; | ||
“investigation” means an investigation under Chapter 5; | ||
“investigation report” has the meaning assigned to it by section 139 ; | ||
“relevant enactment” means— | ||
(a) the Data Protection Regulation, or | ||
(b) a provision of this Act, or a regulation under this Act, that gives further effect to the Data Protection Regulation; | ||
“relevant provision” means a provision of this Act, or a regulation under this Act, that gives effect to the Directive. | ||
(2) A reference in this Part (other than in Chapter 2) to a controller or a processor includes a reference to a controller or a processor, as the case may be, within the meaning of Part 5. | ||
(3) Where a person is a controller by virtue of his or her being the subject of a designation under subsection (1) or (2) of section 3 — | ||
(a) a reference in sections 117 , 128 and 135 (10) to a controller shall be deemed to be a reference to the appropriate authority that, or the Minister who, made the designation, and not to the person, and | ||
(b) a reference in sections 132 (6) and 133 (10) to a controller shall be deemed not to include a reference to the person. | ||
(4) A reference in this Part to information obtained in an inquiry (within the meaning of section 110 or 123 ) shall be construed as including, where applicable— | ||
(a) an investigation report prepared in the course of the inquiry, and any submissions annexed to the report, and | ||
(b) any additional information obtained, in the course of the inquiry, by the Commission under section 140 (2). |