Data Protection Act 2018

124.

Decision of Commission in respect of inquiry under Chapter 3 conducted of own volition

124. (1) Where an inquiry has been conducted of the Commission’s own volition, the Commission, having considered the information obtained in the inquiry, shall—

(a) if satisfied that an infringement by the controller or processor to which the inquiry relates has occurred or is occurring, make a decision to that effect, or

(b) if not so satisfied, make a decision to that effect.

(2) Where the Commission makes a decision under subsection (1)(a), it shall, in addition, make a decision—

(a) as to whether a corrective power should be exercised in respect of the controller or processor concerned, and

(b) where it decides to so exercise a corrective power, the corrective power that is to be exercised.

(3) The Commission, where it makes a decision referred to in subsection (2)(b), shall exercise the corrective power concerned.