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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 25 May 2018 - onwards
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65. Prior consultation with the Commissioner

(1) This section applies where a controller intends to create a filing system and process personal data forming part of it.

(2) The controller must consult the Commissioner prior to the processing if a data protection impact assessment prepared under section 64 indicates that the processing of the data would result in a high risk to the rights and freedoms of individuals (in the absence of measures to mitigate the risk).

(3) Where the controller is required to consult the Commissioner under subsection (2), the controller must give the Commissioner -

(a) the data protection impact assessment prepared under section 64, and

(b) any other information requested by the Commissioner to enable the Commissioner to make an assessment of the compliance of the processing with the requirements of this Part.

(4) Where the Commissioner is of the opinion that the intended processing referred to in subsection (1) would infringe any provision of this Part, the Commissioner must provide written advice to

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