Part 5: Data Protection and Privacy Information Commissioner's role Section 94: Manifestly unfounded or excessive requests to the Commissioner
Section 94 amends the DPA 2018 to provide that, when a request is made to the Commissioner to which the Commissioner is required or authorised to respond under the data protection legislation (for example, because it relates to the Commissioner’s tasks, duties and functions), the Commissioner may charge a reasonable fee or refuse a request where a request is manifestly unfounded or excessive.
	This section amends section 135 of the DPA 2018 to provide that the Commissioner may refuse to deal with a manifestly unfounded or excessive request made by any person.
	Sections 134 and 135 of the DPA 2018 confer separate powers to charge fees. Where a request is made (whether manifestly unfounded or excessive, or not), if section 134 is relevant, the Commissioner has the power to charge a reasonable fee under that section. If section 134 is not relevant (in particular, because the request comes from a data subject or data protection officer), the Commissioner may have the power to charge a reasonable fee under section 135. New subsection (1A)(a) ensures that the powers to charge fees under section 134 and section 135 do not overlap.
	New subsection (1A)(b) ensures that the Commissioner's existing discretion to refuse to act where the Commissioner may be authorised, but not required, to respond to a request, is preserved.
	Section 94(2)(f) sets out that this is an exception to the general rule set out in Article 57(3) of the UK GDPR that the performance of tasks should be free of charge for data subjects.
	Section 94(3) is self-explanatory: it amends section 136(1) to ensure consistency with the streamlining of provisions (see below).
	Section 94(4) omits paragraph 4 from Article 57 of the UK GDPR. This streamlines legislative provisions, ensuring that provisions related to manifestly unfounded or excessive requests to the Information Commissioner are located in section 135 of the DPA 2018.