Data Protection Bill [H.L.] - continued        House of Commons

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Power to make provision for appointment of data protection supervisors.     22. - (1) The Secretary of State may by order-
    (a) make provision under which a data controller may appoint a person to act as a data protection supervisor responsible in particular for monitoring in an independent manner the data controller's compliance with the provisions of this Act, and
    (b) provide that, in relation to any data controller who has appointed a data protection supervisor in accordance with the provisions of the order and who complies with such conditions as may be specified in the order, the provisions of this Part are to have effect subject to such exemptions or other modifications as may be specified in the order.
      (2) An order under this section may-
    (a) impose duties on data protection supervisors in relation to the Commissioner, and
    (b) confer functions on the Commissioner in relation to data protection supervisors.
Duty of certain data controllers to make certain information available.     23. - (1) Subject to subsection (3), where personal data are processed in a case where-
    (a) by virtue of subsection (2) or (3) of section 16, subsection (1) of that section does not apply to the processing, and
    (b) the data controller has not notified the relevant particulars in respect of that processing under section 17,
  the data controller must, within twenty-one days of receiving a written request from any person, make the relevant particulars available to that person in writing free of charge.
      (2) In this section "the relevant particulars" means the particulars referred to in paragraphs (a) to (f) of section 15(1).
      (3) This section has effect subject to any exemption conferred for the purposes of this section by notification regulations.
      (4) Any data controller who fails to comply with the duty imposed by subsection (1) is guilty of an offence.
      (5) It shall be a defence for a person charged with an offence under subsection (4) to show that he exercised all due diligence to comply with the duty.
Functions of Commissioner in relation to making of notification regulations.     24. - (1) As soon as practicable after the passing of this Act, the Commissioner shall submit to the Secretary of State proposals as to the provisions to be included in the first notification regulations.
      (2) The Commissioner shall keep under review the working of notification regulations and may from time to time submit to the Secretary of State proposals as to amendments to be made to the regulations.
      (3) The Secretary of State may from time to time require the Commissioner to consider any matter relating to notification regulations and to submit to him proposals as to amendments to be made to the regulations in connection with that matter.
      (4) Before making any notification regulations, the Secretary of State shall-
    (a) consider any proposals made to him by the Commissioner under subsection (1), (2) or (3), and
    (b) consult the Commissioner.
Fees regulations.     25. - (1) Fees regulations prescribing fees for the purposes of any provision of this Part may provide for different fees to be payable in different cases.
      (2) In making any fees regulations, the Secretary of State shall have regard to the desirability of securing that the fees payable to the Commissioner are sufficient to offset-
    (a) the expenses incurred by the Commissioner and the Tribunal in discharging their functions and any expenses of the Secretary of State in respect of the Commissioner or the Tribunal, and
    (b) to the extent that the Secretary of State considers appropriate-
      (i) any deficit previously incurred (whether before or after the passing of this Act) in respect of the expenses mentioned in paragraph (a), and
      (ii) expenses incurred or to be incurred by the Secretary of State in respect of the inclusion of any officers or staff of the Commissioner in any scheme under section 1 of the Superannuation Act 1972.
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Prepared 26 March 1998