OpenLegislation

Section 160 Guidance about regulatory actionI1

United Kingdom

(1)

The F1Commission must produce and publish guidance about how the Commission proposes to exercise the Commission's functions in connection with—

(a)

information notices,

(b)

assessment notices,

(ba)

F2interview notices,

(c)

enforcement notices, and

(d)

penalty notices.

(2)

The Commission may produce and publish guidance about how the Commission proposes to exercise the Commission's other functions under this Part.

(3)

In relation to information notices, the guidance must include—

(a)

provision specifying factors to be considered in determining the time at which, or the period within which, information F3or documents are to be required to be provided;

(b)

provision about the circumstances in which the Commission would consider it appropriate to give an information notice to a person in reliance on section 142(7) (urgent cases);

(c)

provision about how the Commission will determine how to proceed if a person does not comply with an information notice.

(4)

In relation to assessment notices, the guidance must include—

(a)

provision specifying factors to be considered in determining whether to give an assessment notice to a person;

(aa)

F4provision specifying factors to be considered in determining whether to give an assessment notice to a person that imposes a requirement of a sort mentioned in section 146(2)(j);

(ab)

provision about the factors the F5Commission may take into account when determining the suitability of a person to prepare a report of a sort mentioned in section 146(2)(j);

(b)

provision about the circumstances in which the F6Commission would consider it appropriate to give an assessment notice in reliance on section 146(8) or (9) (urgent cases);

(c)

provision specifying descriptions of documents or information that—

(i)

are not to be examined or inspected in accordance with an assessment notice, or

(ii)

are to be so examined or inspected only by a person of a description specified in the guidance;

(d)

provision about the nature of inspections and examinations carried out in accordance with an assessment notice;

(e)

provision about the nature of interviews carried out in accordance with an assessment notice;

(f)

provision about the preparation, issuing and publication by the F7Commission of assessment reports in respect of controllers and processors that have been given assessment notices;

(g)

provision about how the Commission will determine how to proceed if a person does not comply with an assessment notice.

(5)

The guidance produced in accordance with subsection (4)(c) must include provisions that relate to—

(a)

documents and information concerning an individual's physical or mental health;

(b)

documents and information concerning the provision of social care for an individual.

(5A)

F8In relation to interview notices, the guidance must include—

(a)

provision specifying factors to be considered in determining whether to give an interview notice to an individual;

(b)

provision about the circumstances in which the F9Commission would consider it appropriate to give an interview notice to an individual in reliance on section 148A(8) (urgent cases);

(c)

provision about the circumstances in which the Commission would consider it appropriate to vary the place or time specified in an interview notice at the request of the individual to whom the notice is given;

(d)

provision about the nature of interviews carried out in accordance with an interview notice;

(e)

provision about how the F10Commission will determine how to proceed if an individual does not comply with an interview notice.

(6)

In relation to enforcement notices, the guidance must include—

(a)

provision specifying factors to be considered in determining whether to give an enforcement notice to a person;

(b)

provision about the circumstances in which the Commission would consider it appropriate to give an enforcement notice to a person in reliance on section 150(8) (urgent cases);

(c)

provision about how the Commission will determine how to proceed if a person does not comply with an enforcement notice.

(7)

In relation to penalty notices, the guidance must include—

(a)

provision about the circumstances in which the Commission would consider it appropriate to issue a penalty notice;

(b)

provision about the circumstances in which the Commission would consider it appropriate to allow a person to make oral representations about the Commission's intention to give the person a penalty notice;

(c)

provision explaining how the Commission will determine the amount of penalties;

(d)

provision about how the Commission will determine how to proceed if a person does not comply with a penalty notice.

(e)

F11provision about the circumstances in which the Commission would consider it necessary to comply with the duty in paragraph 4(A2) of Schedule 16 after the period of 6 months mentioned in that paragraph.

(8)

The Commission—

(a)

may alter or replace guidance produced under this section, and

(b)

must publish any altered or replacement guidance.

(9)

Before producing guidance under this section (including any altered or replacement guidance), the Commission must consult—

(a)

the Secretary of State, and

(b)

such other persons as the Commission considers appropriate.

(10)

Section 161 applies in relation to the first guidance under subsection (1).

(11)

The F12Commission must arrange for other guidance under this section (including any altered or replacement guidance) to be laid before Parliament.

(12)

In this section, “social care” has the same meaning as in Part 1 of the Health and Social Care Act 2008 (see section 9(3) of that Act).

Annotations

Textual amendments

F1

Word in s. 160(1)-(3) 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)

F2

S. 160(1)(ba) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(6)(a), 142(1); S.I. 2026/82, reg. 2(s)

F3

Words in s. 160(3)(a) substituted (19.8.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 97(6), 142(3)(d)

F4

S. 160(4)(aa)(ab) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 98(5), 142(1); S.I. 2026/82, reg. 2(q)

F5

Word in s. 160(4)(ab) 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)

F6

Word in s. 160(4)(b) 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)

F7

Word in s. 160(4)(f)(g) 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)

F8

S. 160(5A) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(6)(b), 142(1); S.I. 2026/82, reg. 2(s)

F9

Word in s. 160(5A)(b)(c) 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)

F10

Word in s. 160(5A)(e) 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)

F11

S. 160(7)(e) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 101(4), 142(1); S.I. 2026/82, reg. 2(t) (with reg. 6)

F12

Word in s. 160(11) 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)

Commencement

I1

S. 160 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)