Data Protection Act 2018


Indirect exercise of rights and verification by Commission

95. (1) Where an individual—

(a) is aware, having been notified under section 94(5) , that the exercise of his or her rights have been restricted by a controller pursuant to section 94 , or

(b) believes that the exercise of his or her rights have been so restricted and that he or she has not been notified of the said restriction by virtue of the operation of subsection (6) of that section,

the individual may make a request in writing to the Commission to verify whether the controller is processing personal data relating to him or her and if so, whether the processing is in compliance with this Part.

(2) Where the Commission receives a request under subsection (1), it may take such steps as appear to it to be appropriate, including the exercise of its powers under section 132 .

(3) The Commission, having taken the steps referred to in subsection (2), shall inform the individual making the request under subsection (1)

(a) that all necessary verifications or reviews have been carried out by the Commission, and

(b) of his or her right to seek a judicial remedy under section 128 .

(4) Nothing in this section shall require the Commission to disclose to a data subject whether or not a controller has processed, or is processing, personal data relating to him or her.