Section 148A Interview noticesF1

(1)

This section applies where the F2Commission suspects that a controller or processor—

(a)

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

(b)

has committed or is committing an offence under this Act.

(2)

For the purpose of investigating the suspected failure or offence, the Commission may, by written notice (an “interview notice”), require an individual within subsection (3) to—

(a)

attend at a place specified in the notice, and

(b)

answer questions with respect to any matter relevant to the investigation.

(3)

An individual is within this subsection if the individual—

(a)

is the controller or processor,

(b)

is or was at any time employed by, or otherwise working for, the controller or processor, or

(c)

is or was at any time concerned in the management or control of the controller or processor.

(4)

An interview notice must specify the time at which the individual must attend at the specified place and answer questions (but see the restrictions in subsections (6) and (7)).

(5)

An interview notice must—

(a)

indicate the nature of the suspected failure or offence that is the subject of the investigation,

(b)

provide information about the consequences of failure to comply with the notice, and

(c)

provide information about the rights under sections 162 and 164 (appeals etc).

(6)

An interview notice may not require an individual to attend at the specified place and answer questions before the end of the period within which an appeal can be brought against the notice.

(7)

If an appeal is brought against an interview notice, the individual to whom the notice is given need not attend at the specified place and answer questions pending the determination or withdrawal of the appeal.

(8)

If an interview notice—

(a)

states that, in the F3Commission's opinion, it is necessary for the individual to attend at the specified place and answer questions urgently, and

(b)

gives the Commission's reasons for reaching that opinion,

subsections (6) and (7) do not apply but the notice must not require the individual to attend at the specified place and answer questions before the end of the period of 24 hours beginning when the notice is given.

(9)

The Commission may cancel or vary an interview notice by written notice to the individual to whom it was given.

Annotations

Textual amendments

F1: Ss. 148A-148C and cross-heading inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(2), 142(1); S.I. 2026/82, reg. 2(s)
F2: Word in s. 148A(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)
F3: Word in s. 148A(8)(9) 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)

Notes on Part 6

Modifications

C1: Pt. 6 applied in part (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); and as amended (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105, 142(1); S.I. 2026/82, reg. 2(u); and (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 19(3)(c); S.I. 2026/1015, reg. 2(c))
C2: Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))