PART 5The Information Commissioner
Codes of practice
I1I2127Effect of codes issued under section 125(4)
1
A failure by a person to act in accordance with a provision of a code issued under section 125(4) does not of itself make that person liable to legal proceedings in a court or tribunal.
2
A code issued under section 125(4), including an amendment or replacement code, is admissible in evidence in legal proceedings.
3
In any proceedings before a court or tribunal, the court or tribunal must take into account a provision of a code issued under section 125(4) in determining a question arising in the proceedings if—
a
the question relates to a time when the provision was in force, and
b
the provision appears to the court or tribunal to be relevant to the question.
4
Where the Commissioner is carrying out a function described in subsection (5), the Commissioner must take into account a provision of a code issued under section 125(4) in determining a question arising in connection with the carrying out of the function if—
a
the question relates to a time when the provision was in force, and
b
the provision appears to the Commissioner to be relevant to the question.
5
Those functions are functions under—
a
the data protection legislation, or
b
the Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426).