OpenLegislation

Section 51 Exercise of rights through the CommissionF2I1

(1)

This section applies where a controller—

(a)

restricts under section 44(4) the information provided to the data subject under section 44(2) (duty of the controller to give the data subject additional information),

(b)

restricts under section 45(4) the data subject's rights under section 45(1) (right of access),

F1(ba)

relies on the exemption from sections 44(2) and 45(1) in section 45A (legal professional privilege), or

(c)

refuses a request by the data subject for rectification under section 46 or for erasure or restriction of processing under section 47.

(2)

The data subject may—

(a)

where subsection (1)(a) or (b) applies, request the Commission to check that the restriction imposed by the controller was lawful;

F3(aa)

where subsection (1)(ba) applies, request the Commission to check that the controller was entitled to rely on the exemption;

(b)

where subsection (1)(c) applies, request the Commission to check that the refusal of the data subject's request was lawful.

(3)

The Commission must take such steps as appear to the Commission to be appropriate to respond to a request under subsection (2) (which may include the exercise of any of the powers conferred by sections 142 and 146).

(4)

After taking those steps, the Commission must inform the data subject—

(a)

where subsection (1)(a) or (b) applies, whether the Commission is satisfied that the restriction imposed by the controller was lawful;

F4(aa)

where subsection (1)(ba) applies, whether the Commission is satisfied that the controller was entitled to rely on the exemption;

(b)

where subsection (1)(c) applies, whether the Commission is satisfied that the controller's refusal of the data subject's request was lawful.

(5)

The Commission must also inform the data subject of the data subject's right to apply to a court under section 167.

(6)

Where the Commission is not satisfied as mentioned in subsection (4)(a) F5, (aa) or (b), the Commission may also inform the data subject of any further steps that the Commission is considering taking under Part 6 .

Annotations

Textual amendments

F1

S. 51(1)(ba) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(7)(a), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)

F2

Word in s. 51 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

S. 51(2)(aa) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(7)(b), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)

F4

S. 51(4)(aa) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(7)(c), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)

F5

Word in s. 51(6) inserted (5.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 79(7)(d), 142(1); S.I. 2025/996, reg. 2(1)(a) (with reg. 3)

Commencement

I1

S. 51 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(c)