Part 2 - Code of practice

Data Protection and Digital Information Bill – in the House of Commons am 4:15 pm ar 29 Tachwedd 2023.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Code of practice

6 (1) The Department may issue a code of practice in connection with account information notices.

(2) Such a code may, in particular, include—

(a) provision about considerations relevant to—

(i) the exercise of powers conferred by Part 1;

(ii) the imposition of penalties under Part 3;

(b) provision designed to assist persons given account information notices in complying with such notices;

(c) provision about complaints in connection with such notices.

(3) If the Department decides to issue a code of practice, the Department must first prepare and publish a draft of the code of practice.

(4) If the Department considers it appropriate to proceed after considering any representations made concerning the draft and making any changes that the Department considers appropriate, the Department must—

(a) issue the code of practice, and

(b) lay it before the Assembly.

(5) The code of practice comes into force on the day on which it is issued.

Code of practice: revisions

7 (1) The Department may from time to time revise and re-issue the code of practice.

(2) Sub-paragraphs (3) to (5) of paragraph 6 apply in relation to a re-issue of the code of practice as they apply in relation to the first code of practice.

(3) But sub-paragraphs (3) and (4) of paragraph 6 do not apply if the only changes to be made to the code of practice are—

(a) updates of references to legislation or documents which have become out of date, or

(b) other minor corrections.

(4) The Department may withdraw a code of practice.

Code of practice: further provision

8 (1) The Department must have regard to a code of practice that is for the time being in force under this Part in exercising, or deciding whether to exercise, any function to which the code of practice is relevant.

(2) A person’s failure to observe any provision of a code of practice does not of itself make the person liable to any legal proceedings.

(3) A code of practice is admissible in evidence in any legal proceedings.