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Page:Personal Data Protection Act 2012.pdf/72

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PERSONAL DATA PROTECTION
73


NINTH SCHEDULE—continued

(2) No inspector or person assisting the inspector shall enter any premises in exercise of the powers under this paragraph unless the inspector has given the occupier of the premises a written notice which—

(a) gives at least 2 working days’ notice of the intended entry; and
(b) indicates the subject-matter and purpose of the investigation.

(3) Sub-paragraph (2) shall not apply if the inspector has reasonable grounds for suspecting that the premises are, or have been, occupied by an organisation which is being investigated in relation to a contravention of this Act and if the inspector has taken all such steps as are reasonably practicable to give written notice under that sub‑paragraph but has not been able to do so.

(4) Where sub‑paragraph (3) applies, the power of entry conferred by sub‑paragraph (1) shall be exercised upon production of—

(a) evidence of the inspector’s appointment; and
(b) a document containing the information referred to in sub‑paragraph (2)(b).

(5) An inspector or a person assisting the inspector entering any premises under this paragraph may—

(a) take with him such equipment as appears to him to be necessary;
(b) require any person on the premises—
(i) to produce any document which he considers relates to any matter relevant to the investigation; and
(ii) if the document is produced, to provide an explanation of it;
(c) require any person to state, to the best of the person’s knowledge and belief, where any such document is to be found;
(d) take copies of, or extracts from, any document which is produced;
(e) require any information which is stored in any electronic form and is accessible from the premises and which he considers relates to any matter relevant to the investigation, to be produced in a form—
(i) in which it can be taken away; and
(ii) in which it is visible and legible; and
(f) take any step which appears to be necessary for the purpose of preserving or preventing interference with any document which he considers relates to any matter relevant to the investigation.