Schedule 10 – Commissioner’s investigation of failure to comply with standards etc Paragraphs 7 and 8 – Confidentiality etc
393.An evidence notice given under paragraph 5 may not require a person to provide information which the person is prohibited from disclosing by virtue of an enactment and may not require a person to do anything that the person could not be compelled to do in proceedings before the High Court.
394.If A has been issued with an evidence notice, A must disregard it (and notify the Commissioner) if A believes that complying with the notice would require disclosing information classed as sensitive or other information relating to an intelligence service provided in subparagraphs (a) to (e).
395.Intelligence service means the Security service, the Secret Intelligence service, and the Government Communications Headquarters.
396.This paragraph also provides for what the Commissioner may do if notified by A that A is disregarding the notice.