Information notice

Information notice

90. (1) If the Regulator—
(a) has received a request under section 89 in respect of any processing of personal information; or
(b) reasonably requires any information for the purpose of determining whether the responsible party has interfered or is interfering with the personal information of a data subject, the Regulator may serve the responsible party with an information notice requiring the responsible party to furnish the Regulator, within a specified period, in a form specified in the notice, with a report indicating that the processing is taking place in compliance with the provisions of the Act, or with such information relating to the request or to compliance with the Act as is so specified.

(2) An information notice must contain particulars of the right of appeal conferred by section 97, and—
(a) in a case falling within subsection (1)(a), a statement that the Regulator has received a request under section 89 in relation to the specified processing; or
(b) in a case falling within subsection (1)(b), a statement that the Regulator regards the specified information as relevant for the purpose of determining whether the responsible party has complied or is complying, with the conditions for the lawful processing of personal information and the reasons for regarding it as relevant for that purpose.

(3) Subject to subsection (5), the period specified in an information notice must not expire before the end of the period within which an appeal can be brought against the notice and, if such an appeal is brought, the information need not be furnished pending the determination or withdrawal of the appeal.

(4) If the Regulator considers that the information is required as a matter of urgency, it may include in the notice a statement to that effect and a statement of its reasons for reaching that conclusion, and in that event subsection (3) does not apply.

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