114E Commissioner may vary or cancel notice


If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned.


An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 114G(1)(a) can be lodged, apply in writing to the Commissioner for the notice to be varied or cancelled under subsection (1).


The Commissioner must, within 20 working days after the date on which an application under subsection (2) is received, notify the agency of—


his or her decision; and


his or her reasons, if the application is refused.


If the Commissioner exercises his or her discretion under subsection (1), the variation or cancellation of the transfer prohibition notice takes effect on the day after the date on which notice of the Commissioner’s decision to vary or cancel the transfer prohibition notice is served.

Compare: Data Protection Act 1998 s 41 (UK)

Section 114E: inserted, on 8 September 2010, by section 8 of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).