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(1)When carrying out processing of personal data which is the subject of a document issued under section 192(3) which is for the time being in force, a person must have regard to the document.
(2)A failure to act in accordance with a provision of such a document does not of itself make a person liable to legal proceedings in a court or tribunal.
(3)A document issued under section 192(3), including an amendment or replacement document, is admissible in evidence in legal proceedings.
(4)In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of any document issued under section 192(3) 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.
(5)In determining a question arising in connection with the carrying out of any of the Commissioner’s functions, the Commissioner must take into account a provision of a document issued under section 192(3) 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.
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Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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