2. The provisions listed in paragraph 1 have effect as if—
(a) references to the Data Protection Act 2018 or to a Part of that Act were references to the provisions of that Act or that Part as applied by these Regulations;
(b) references to a particular provision of that Act were references to that provision as applied by these Regulations.
Modification of section 142 (information notices)
3. Section 142 has effect as if—
(a) in subsection (1), for paragraphs (a) and (b) there were substituted—
“ (a) require any person to provide the Commissioner with information or documents that the Commissioner reasonably requires for the purposes of determining whether that person has complied or is complying with the requirements of the PEC Regulations,
(b) require a communications provider to provide the Commissioner with information or documents relating to another person’s use of an electronic communications network or electronic communications service for the purposes of determining whether that other person has complied or is complying with the requirements of the PEC Regulations, or
(c) require any person to provide the Commissioner with information or documents that the Commissioner reasonably requires for the purposes of investigating a suspected failure by another person to comply with the requirements of the PEC Regulations. ” ;
(b) in subsection (2)(a), for “(b)(i) or (b)(ii)” there were substituted “(b) or (c)” ;
(c) after subsection (8) there were inserted—
“ (8A) Subsections (8B) and (8C) apply if an information notice given to a person under subsection (1)(b) or (c) contains—
(a) a statement that a duty of confidentiality applies in relation to the notice, and
(b) an explanation of the effects of subsections (8B) and (8C) .
(8B) The person to whom the information notice is given, and any person employed or engaged for the purpose of that person’s business, must not disclose the existence of the notice without reasonable excuse.
(8C) Subsection (8B) does not prevent—
(a) a disclosure to a person employed or engaged for the purpose of the business of the person to whom the notice is given,
(b) a disclosure made with the permission of the Commissioner (whether the permission is contained in the information notice or otherwise), or
(c) a disclosure made for the purpose of obtaining legal advice. ” ;
(d) subsections (9) and (10) were omitted.
Modification of section 143 (information notices: restrictions)
4. (1) Section 143 has effect as if subsections (1) and (9) were omitted.
(a) subsections (3)(b) and (4)(b) have effect as if for “the data protection legislation” there were substituted “the PEC Regulations” ;
(b) subsection (7)(a) has effect as if for “this Act” there were substituted “section 144, 148 or 148C or paragraph 15 of Schedule 15” ;
(c) subsection (8) has effect as if for “this Act (other than an offence under section 144)” there were substituted “section 148 or 148C or paragraph 15 of Schedule 15” .