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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 31 December 2020 - onwards
  Version 3 of 3    

151. Enforcement notices: rectification and erasure of personal data etc

(1) Subsections (2) and (3) apply where an enforcement notice is given in respect of a failure by a controller or processor -

(a) to comply with a data protection principle relating to accuracy, or

(b) to comply with a data subject's request to exercise rights under Article 16, 17 or 18 of the UK GDPR (right to rectification, erasure or restriction on processing) or section 46, 47 or 100 of this Act.

(2) If the enforcement notice requires the controller or processor to rectify or erase inaccurate personal data, it may also require the controller or processor to rectify or erase any other data which -

(a) is held by the controller or processor, and

(b) contains an expression of opinion which appears to the Commissioner to be based on the inaccurate personal data.

(3) Where a controller or processor has accurately recorded personal data provided by the data subject or a third party but the data is inaccurate, the enforcement notice may require the controller or processor -

(a) to take st

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