(1)Subject to subsection (3), where personal data are processed in a case where—
(a)by virtue of subsection (2) or (3) of section 17, subsection (1) of that section does not apply to the processing, and
(b)the data controller has not notified the relevant particulars in respect of that processing under section 18,
the data controller must, within twenty-one days of receiving a written request from any person, make the relevant particulars available to that person in writing free of charge.
(2)In this section “the relevant particulars” means the particulars referred to in paragraphs (a) to (f) of section 16(1).
(3)This section has effect subject to any exemption conferred for the purposes of this section by notification regulations.
(4)Any data controller who fails to comply with the duty imposed by subsection (1) is guilty of an offence.
(5)It shall be a defence for a person charged with an offence under subsection (4) to show that he exercised all due diligence to comply with the duty.