The Act Commentary on Sections Part 8 - Data Protection Act 1998 Restriction on the use of information
775.Paragraph 10 of Schedule 20 amends section 43 of the 1998 Act to place restrictions on the use of certain information obtained under the newly extended information notice power.
776.Paragraph 10(3) inserts three new subsections into section 43 of the 1998 Act. These subsections make provision to ensure that the principle against self-incrimination is protected in relation to this section. First, the new section prohibits a data controller from being required to provide information which would incriminate him or her in relation to proceedings other than proceedings for offences under the 1998 Act, and certain perjury offences. Second, statements made under the new expanded power of section 43 cannot be used as evidence against the data controller for any data protection offence (other than the offence of failing to comply with the terms of an information notice), unless the accused acts in such a way as to forfeit this particular protection. In those circumstances evidence of the original statement would be admissible in order to rebut the false assertions made by the accused.
777.Paragraph 11 of Schedule 20 provides for an equivalent amendment to that made in paragraph 10 to be made to section 44 of the 1998 Act relating to special information notices (which makes special provisions in relation to the processing of personal data for journalistic, artistic and literary purposes).
778.Paragraph 12 of Schedule 20 amends paragraph 11 of Schedule 7 to the 1998 Act to make provision in relation to the principle against self-incrimination. This existing provision of the 1998 Act provides that data controllers are not obliged to satisfy subject access requests under section 7 of the 1998 Act, where to do so would reveal incriminating evidence of an offence other than an offence under the 1998 Act. The amendment adjusts the provisions so that neither the 1998 Act offences nor certain perjury offences are covered by this protection.