Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
  Version 2 of 2    

51. Exercise of rights through the Commissioner

(1) This section applies where a controller -

(a) restricts under section 44(4) the information provided to the data subject under section 44(2) (duty of the controller to give the data subject additional information),

(b) restricts under section 45(4) the data subject's rights under section 45(1) (right of access), or

(c) refuses a request by the data subject for rectification under section 46 or for erasure or restriction of processing under section 47.

(2) The data subject may -

(a) where subsection (1)(a) or (b) applies, request the Commissioner to check that the restriction imposed by the controller was lawful;

(b) where subsection (1)(c) applies, request the Commissioner to check that the refusal of the data subject's request was lawful.

(3) The Commissioner must take such steps as appear to the Commissioner to be appropriate to respond to a request under subsection (2) (which may include the exercise of any of the powers conferred by sections 142 and 146).

(4) After taking those