Section 100(2)

After section 148 insert— This section applies where the Commissioner suspects that a controller or processor— has failed or is failing as described in section 149(2), or has committed or is committing an offence under this Act. For the purpose of investigating the suspected failure or offence, the Commissioner may, by written notice (an “interview notice”), require an individual within subsection (3) to— attend at a place specified in the notice, and answer questions with respect to any matter relevant to the investigation. An individual is within this subsection if the individual— is the controller or processor, is or was at any time employed by, or otherwise working for, the controller or processor, or is or was at any time concerned in the management or control of the controller or processor. An interview notice must specify the time at which the individual must attend at the specified place and answer questions (but see the restrictions in subsections (6) and (7)). An interview notice must— indicate the nature of the suspected failure or offence that is the subject of the investigation, provide information about the consequences of failure to comply with the notice, and provide information about the rights under sections 162 and 164 (appeals etc). An interview notice may not require an individual to attend at the specified place and answer questions before the end of the period within which an appeal can be brought against the notice. If an appeal is brought against an interview notice, the individual to whom the notice is given need not attend at the specified place and answer questions pending the determination or withdrawal of the appeal. If an interview notice— subsections (6) and (7) do not apply but the notice must not require the individual to attend at the specified place and answer questions before the end of the period of 24 hours beginning when the notice is given. states that, in the Commissioner’s opinion, it is necessary for the individual to attend at the specified place and answer questions urgently, and gives the Commissioner’s reasons for reaching that opinion, The Commissioner may cancel or vary an interview notice by written notice to the individual to whom it was given. An interview notice does not require an individual to answer questions to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament. An interview notice does not require an individual to answer questions in respect of a communication which is made— between a professional legal adviser and the adviser’s client, and in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under the data protection legislation. An interview notice does not require an individual to answer questions in respect of a communication which is made— between a professional legal adviser and the adviser’s client or between such an adviser or client and another person, in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and for the purposes of such proceedings. In subsections (2) and (3), references to the client of a professional legal adviser include references to a person acting on behalf of the client. An interview notice does not require an individual to answer questions if doing so would, by revealing evidence of the commission of an offence, expose the individual to proceedings for that offence. The reference to an offence in subsection (5) does not include an offence under— this Act; section 5 of the Perjury Act 1911 (false statements made otherwise than on oath); section 44(2) of the Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made otherwise than on oath); Article 10 of the Perjury (Northern Ireland) Order 1979 (S.I. 1979/1714 (N.I. 19)) (false statutory declarations and other false unsworn statements). A statement made by an individual in response to an interview notice may not be used in evidence against that individual on a prosecution for an offence under this Act (other than an offence under section 148C) unless in the proceedings— in giving evidence the individual provides information inconsistent with the statement, and evidence relating to the statement is adduced, or a question relating to it is asked, by that individual or on that individual’s behalf. The Commissioner may not give an interview notice with respect to the processing of personal data for the special purposes. The Commissioner may not give an interview notice to an individual for the purpose of investigating a suspected failure or offence if the controller or processor suspected of the failure or offence is a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters). It is an offence for an individual, in response to an interview notice— to make a statement which the individual knows to be false in a material respect, or recklessly to make a statement which is false in a material respect.

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Source: legislation.gov.uk · retrieved 2026-09-04