Section 100 inserts new sections 148A-C into the DPA 2018 which make provision about interview notices. An interview notice can be used to require a person to attend an interview and answer questions when required by the Commissioner.
	New section 148A(1) sets out when the power can be used.
	New section 148A(2) provides the Commissioner with a power to give an interview notice.
	New section 148A(3) makes provision about who an interview notice can be issued to.
	New section 148A(4) requires the Commissioner to specify where and when the interview will take place. This is subject to the restrictions in subsections (6) and (7).
	New section 148A(5) provides that the interview notice must explain the suspected infringement of the UK GDPR or DPA 2018 that is being investigated, consequences of non-compliance with the interview notice and information about how a person can appeal the notice.
	New section 148A(6) provides that an interview notice must not require the person to attend the interview before the end of the period in which an appeal could be brought.
	New section 148A(7) provides that if an appeal is brought, the person concerned need not comply with the interview notice until the appeal has been withdrawn or decided.
	New section 148A(8) provides that subsections (6) and (7) do not apply where the Commissioner considers there is an urgent need for the interview and where the Commissioner provides reasons for the urgency. In these circumstances, however, the interview notice must provide at least 24 hours between the time of issuing the notice and when the person is required to attend the interview.
	New section 148A(9) is self-explanatory.
	New section 148B places certain restrictions on the circumstances in which the Commissioner can require a person to answer questions under an interview notice.
	New section 148B(1) provides that an interview notice does not require a person to answer questions at interview to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.
	New sections 148B(2) and (3) provide that a person is not required to answer questions where this would result in disclosure of communications between a professional legal adviser and their client in respect of the client’s obligations under the data protection legislation or in respect of proceedings under data protection legislation.
	New section 148B(4) is self-explanatory.
	New section 148B(5) provides that an interview notice cannot compel a person to provide information that would expose them to proceedings for the commission of an offence, except in relation to the offences under the DPA 2018 and the other offences listed in subsection (6).
	New section 148B(7) provides that a statement provided in response to an interview notice cannot be used as evidence in criminal proceedings brought under the DPA 2018 (except where the proceedings relate to the offence under new section 148C (false statements made in response to an interview notice)) unless in the proceedings the person gives evidence that is inconsistent with the statement, and evidence relating to the statement is put before the court by the person or a question relating to it is asked by the person or on their behalf.
	New section 148B(8) provides that an interview notice cannot be made in respect of personal data being processed for journalistic, academic, artistic or literary purposes.
	New section 148B(9) lists other bodies to whom the Commissioner cannot give an interview notice.
	New section 148C (false statements made in response to interview notices) makes it an offence for a person to intentionally or recklessly make a false statement in response to an interview notice. This mirrors the offence in section 144 of the DPA 2018 for false statements in response to information notices.
	Subsection (3) of section 100 amends section 149(9)(b) of the DPA 2018 (enforcement notices) to add interview notices to the regulation making powers in this section. This brings the interview notice function in line with assessment notices, information notices and penalty notices in this context.
	Subsection (4) amends section 155(1)(b) (penalty notices) of the DPA 2018 to include interview notices. Where the Commissioner is satisfied that a person has failed to comply with an interview notice, the Commissioner is permitted to give a monetary penalty notice requiring a person to pay the Commissioner an amount determined by the Commissioner.
	Subsection (5) amends section 157(4) (maximum amount of penalty) of the DPA 2018 to include interview notices. The maximum penalty amount in relation to failure to comply with an interview notice is the higher maximum amount. This provision brings the maximum amount of the penalty that may be imposed by a penalty notice for failure to comply with an interview notice in line with the maximum amount for existing enforcement powers. The higher maximum amount is defined in section 157(5) of the DPA 2018.
	Subsection (6)(a) amends section 160(1) (guidance about regulatory action) to include interview notices in the functions for which the Commissioner is required to produce and publish statutory guidance. This brings the interview notice function in line with assessment notices, enforcement notices, information notices and penalty notices.
	Subsection (6)(b) inserts new section 5A in section 160 and specifies the matters which the guidance must include in relation to interview notices.
	Subsection (7) amends section 162 (rights of appeal) of the DPA 2018 to include an interview notice to the list of notices a person can appeal.
	Subsection (8) amends section 164 (applications in respect of urgent notices) of the DPA 2018 to provide that the provisions for appealing an urgent notice apply to interview notices. This enables a person who is given an interview notice that requires the person to comply with it urgently, to apply to the court to have the urgency statement set aside or for variation of the timetable for compliance with the notice.
	Subsection (9) is self-explanatory.
	Subsection (10) amends section 196 (penalties for offences) to provide that the offence provided for in section 148C (false statements made in responses to interview notices) is included in subsection (2). Section 196(2) of the DPA 2018 sets out the maximum penalties for offences that can be tried summarily or on indictment. In England and Wales, the maximum penalty when tried summarily or on indictment is an unlimited fine. In Scotland and Northern Ireland, the maximum penalty on summary conviction is a fine not exceeding the statutory maximum or an unlimited fine when tried on indictment. This aligns the offence set out in section 148C with existing comparable offences in the DPA 2018, including that in section 144 (false statements made in response to information notices).
	Subsection (11) provides that "interview notice (Part 6)" is added to the terms defined in section 206 (index of defined expressions) in the DPA 2018 and signposts where the definition may be found in the DPA 2018.
	Subsection (12) amends Schedule 17 (review of processing of personal data for the purposes of journalism) and inserts new section 3A after paragraph 3 to make provision for where the Commissioner gives an interview notice during a review period. New section 148B(8) prevents the Commissioner from giving an interview notice with respect to the processing of personal data for the special purposes. Paragraph 3A of this Schedule disapplies section 148B(8), providing the Commissioner with the ability to give interview notices for the purpose of the review, but only where a determination under section 174 of the DPA 2018 has taken effect.
	Subsection (12) also amends paragraph 4 of Schedule 17 to include interview notices. It applies section 164 of the DPA 2018 (applications in respect of urgent notices) to interview notices given under paragraph 3A.
Part 5: Data Protection and Privacy Enforcement Section 100: Interview notices