Data Protection Act 1998 (c. 29)

Part V U.K. Enforcement

Modifications etc. (not altering text)

C1 Pt. V applied (with modifications) (1.3.2000) by S.I. 1999/2093, reg. 36(1), Sch. 4

Pt. V applied (with modifications) (1.3.2000) by S.I. 2000/190, art. 5(2)

C2 Pt. V extended (with modifications) (11.12.2003) by The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), reg. 31, Sch. 1 (with regs. 4, 15(3), 28, 29)

47 Failure to comply with notice. U.K.

(1) A person who fails to comply with an enforcement notice, an information notice or a special information notice is guilty of an offence.

(2) A person who, in purported compliance with an information notice or a special information notice—

(a) makes a statement which he knows to be false in a material respect, or

(b) recklessly makes a statement which is false in a material respect,

is guilty of an offence.

(3) It is a defence for a person charged with an offence under subsection (1) to prove that he exercised all due diligence to comply with the notice in question.