The Act Commentary on Sections Part 8 - Data Protection Act 1998 Power to require information
772.Paragraph 8 of Schedule 20 amends section 43 of the 1998 Act to strengthen the Information Commissioner’s powers for inspecting a data controller’s compliance with the data protection principles, using an information notice.
773.Paragraph 8(3) inserts two new subsections into section 43 of the 1998 Act, which contains the power of the Information Commissioner to issue an information notice. New section 43(1A) allows an information notice to require that the data controller must provide (a) particular information as specified; (b) information of a particular description; or (c) information in a category as specified or described. New section 43(1B) allows an information notice to require that the information is provided (a) within a specified period; (b) at a specified time and place; (c) in a specified form.
774.Paragraph 9 provides an equivalent amendment (to that made in paragraph 8 detailed above) to section 44 of the 1998 Act for special information notices (which makes special provisions in relation to the processing of personal data for journalistic, artistic and literary purposes).