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    Section 90 Information notice

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    Section 90 Information notice

    1. If the Regulator—
      1. has received a request under section 89 in respect of any processing of personal information; or
      2. 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,
      3. 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—
      1. 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
      2. 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.
    5. A notice in terms of subsection (4) may not require the information to be furnished before the end of a period of three days beginning with the day on which the notice is served.
    6. An information notice may not require a responsible party to furnish the Regulator with any communication between a—
      1. professional legal adviser and his or her client in connection with the giving of legal advice on the client’s obligations, liabilities or rights under this Act; or
      2. professional legal adviser and his or her client, or between such an adviser or his or her client and any other person, made in connection with or in contemplation of proceedings under or arising out of this Act (including proceedings before a court) and for the purposes of such proceedings.
    7. In subsection (6) references to the client of a professional legal adviser include any person representing such a client.
    8. An information notice may not require a responsible party to furnish the Regulator with information that would, by revealing evidence of the commission of any offence other than an offence under this Act, expose the responsible party to criminal proceedings.
    9. The Regulator may cancel an information notice by written notice to the responsible party on whom it was served.
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