OpenLegislation

Paragraph 1 I1C1

(1)

This paragraph applies if a judge of the High Court, a circuit judge or a District Judge (Magistrates' Courts) is satisfied by information on oath supplied by the F1chair of the Commission or another person authorised by the chair of the Commission for that purpose that—

(a)

there are reasonable grounds for suspecting that—

(i)

a controller or processor has failed or is failing as described in section 149(2), or

(ii)

an offence under this Act has been or is being committed, and

(b)

there are reasonable grounds for suspecting that evidence of the failure or of the commission of the offence is to be found on premises specified in the information or is capable of being viewed using equipment on such premises.

(2)

The judge may grant a warrant to the F2Commission.

Annotations

Textual amendments

F1

Words in Sch. 15 para. 1(1) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(13)(a); S.I. 2026/1015, reg. 2(c)

F2

Word in Sch. 15 para. 1(2) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)

Modifications

C1

Sch. 15 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))

Commencement

I1

Sch. 15 para. 1 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)