(9) The Commissioner may cancel or vary an interview notice by written notice to the individual to whom it was given.
148B Interview notices: restrictions
(1) An interview notice does not require an individual to answer questions to the extent that requiring the person to do so would involve an infringement of the privileges of either House of Parliament.
(2) An interview notice does not require an individual to answer questions in respect of a communication which is made—
(b) in connection with the giving of legal advice to the client with respect to obligations, liabilities or rights under the data protection legislation.
(3) An interview notice does not require an individual to answer questions in respect of a communication which is made—
(b) in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and
(4) In subsections (2) and (3), references to the client of a professional legal adviser include references to a person acting on behalf of the client.
(5) An interview notice does not require an individual to answer questions if doing so would, by revealing evidence of the commission of an offence, expose the individual to proceedings for that offence.
(6) The reference to an offence in subsection (5) does not include an offence under—
(a) this Act;
(7) A statement made by an individual in response to an interview notice may not be used in evidence against that individual on a prosecution for an offence under this Act (other than an offence under section 148C) unless in the proceedings—
(a) in giving evidence the individual provides information inconsistent with the statement, and
(b) evidence relating to the statement is adduced, or a question relating to it is asked, by that individual or on that individual’s behalf.
(8) The Commissioner may not give an interview notice with respect to the processing of personal data for the special purposes.
(9) The Commissioner may not give an interview notice to an individual for the purpose of investigating a suspected failure or offence if the controller or processor suspected of the failure or offence is a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters).
148C False statements made in response to interview notices
It is an offence for an individual, in response to an interview notice—
(a) to make a statement which the individual knows to be false in a material respect, or
(b) recklessly to make a statement which is false in a material respect. ”
(3) In section 149 (enforcement notices), in subsection (9)(b)—
(a) after “an assessment notice” insert “, an interview notice” , and
(b) after “147” insert “, 148A, 148B” .
(4) In section 155 (penalty notices), in subsection (1)(b), after “assessment notice” insert “, an interview notice” .
(5) In section 157 (maximum amount of penalty), in subsection (4), after “assessment notice” insert “, an interview notice” .
(6) In section 160 (guidance about regulatory action)—