Data Protection Act 2018

Requests for information and assistance from LED supervisory authorities

2 (1) This paragraph applies where the Commissioner receives a request from an LED supervisory authority for information or assistance referred to in Article 41 of the Law Enforcement Directive and the request—

(a) explains the purpose of and reasons for the request, and

(b) contains all other information necessary to enable the Commissioner to respond.

(2) The Commissioner must—

(a) take all appropriate measures required to reply to the request without undue delay and, in any event, before the end of the period of 1 month beginning with receipt of the request, and

(b) inform the LED supervisory authority of the results or, as the case may be, of the progress of the measures taken in order to respond to the request.

(3) The Commissioner must not refuse to comply with the request unless—

(a) the Commissioner does not have power to do what is requested, or

(b) complying with the request would infringe the Law Enforcement Directive, EU legislation or the law of the United Kingdom or a part of the United Kingdom.

(4) If the Commissioner refuses to comply with a request from an LED supervisory authority, the Commissioner must inform the authority of the reasons for the refusal.

(5) As a general rule, the Commissioner must provide information requested by LED supervisory authorities by electronic means using a standardised format.