Paragraph 8

England and Wales

I1(1)

The Commissioner must prepare a report of his or her findings on any inquiry.

(2)

The report must not—

I2(a)

identify a failure to comply with a relevant requirement (within the meaning of Part 5) by a person who is, or may be, identified by virtue of the report, or

(b)

otherwise refer to the activities of a person who is, or may be, identified by virtue of the report, unless the Commissioner thinks that the reference—

(i)

will not cause the person harm, or

(ii)

is necessary for the report to adequately reflect the results of the inquiry (having regard to its terms of reference).

(3)

The Commissioner must send a draft of the report to the Welsh Ministers.

(4)

If the terms of reference specify a particular person or category of person, the Commissioner must also send a draft of the report to each relevant person.

(5)

The Commissioner must—

(a)

give the Welsh Ministers, and any other person to whom a draft of a report is sent, an opportunity to make representations about the draft report, and

(b)

consider any representations made.

(6)

After settling the report (having complied with sub-paragraph (5)), the Commissioner must publish it.

(7)

This paragraph does not affect the application of F1the data protection legislation to the Commissioner.

(8)

In this paragraphF2—

“the data protection legislation” (“y ddeddfwriaeth diogelu data”) has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
“relevant person” has the same meaning as in paragraph 3.

Annotations

Textual amendments

F1: Words in Sch. 2 para. 8(7) substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 169(2)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)
F2: Words in Sch. 2 para. 8(8) inserted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 169(3)(a) (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g)

Commencement

I1: Sch. 2 para. 8(1) (2)(b) (3)-(8) in force at 1.4.2012 by S.I. 2012/969, art. 2(e)
I2: Sch. 2 para. 8(2)(a) in force at 7.7.2015 by S.I. 2015/1413, art. 3(f)