Data Protection Act 2018

105.

Interpretation ( Part 6)

105. (1) In this Part—

“complaint” means a complaint within the meaning of Chapter 2 or 3;

“investigation” means an investigation under Chapter 5;

“investigation report” has the meaning assigned to it by section 139 ;

“relevant enactment” means—

(a) the Data Protection Regulation, or

(b) a provision of this Act, or a regulation under this Act, that gives further effect to the Data Protection Regulation;

“relevant provision” means a provision of this Act, or a regulation under this Act, that gives effect to the Directive.

(2) A reference in this Part (other than in Chapter 2) to a controller or a processor includes a reference to a controller or a processor, as the case may be, within the meaning of Part 5.

(3) Where a person is a controller by virtue of his or her being the subject of a designation under subsection (1) or (2) of section 3

(a) a reference in sections 117 , 128 and 135(10) to a controller shall be deemed to be a reference to the appropriate authority that, or the Minister who, made the designation, and not to the person, and

(b) a reference in sections 132(6) and 133(10) to a controller shall be deemed not to include a reference to the person.

(4) A reference in this Part to information obtained in an inquiry (within the meaning of section 110 or 123 ) shall be construed as including, where applicable—

(a) an investigation report prepared in the course of the inquiry, and any submissions annexed to the report, and

(b) any additional information obtained, in the course of the inquiry, by the Commission under section 140(2) .