Commentary on Provisions Enforcement and investigation Section 57 – Supply of information
179.To supplement enforcement of the Act, this section provides investigatory powers to gather information. The powers are those set out in Schedule 12 of the Elections Act 2022 in relation to the requirements of Part 6 of that Act.
180.Schedule 12 requires any person to comply with a notice for the supply of information to enable the Electoral Commission or a police constable to determine whether electronic material has been published in contravention of the electronic imprint regime. The information required will be identified by the Electoral Commission or police in the notice and must be information that is reasonably required to determine whether electronic material has been published in contravention of the regime or to make contact with the promoter of the material or the person on behalf of whom the material has been published (and who is not the promoter). It ensures compliance with an order through the courts. The schedule also applies restrictions on the disclosure of information. A person is not required to provide legally professionally privileged information or disclose information which would contravene data protection legislation.