Data Protection Act 2018 (c. 12) – Section 147 – Assessment notices: restrictions

Sections

Section 147Assessment notices: restrictions

(1) An assessment notice does not require a person to do something to the extent that requiring the person to do it would involve an infringement of the privileges of either House of Parliament.

(2) An assessment notice does not have effect so far as compliance would result in the disclosure of a communication which is made—

(a)
between a professional legal adviser and the adviser's client, and
(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 assessment notice does not have effect so far as compliance would result in the disclosure of a communication which is made—

(a)
between a professional legal adviser and the adviser's client or between such an adviser or client and another person,
(b)
in connection with or in contemplation of proceedings under or arising out of the data protection legislation, and
(c)
for the purposes of such proceedings.

(4) In subsections (2) and (3)—

(a)
references to the client of a professional legal adviser include references to a person acting on behalf of such a client, and
(b)
references to a communication include—
- (i)
  a copy or other record of the communication, and
- (ii)
  anything enclosed with or referred to in the communication if made as described in subsection (2)(b) or in subsection (3)(b) and (c).

(5) The [^F1Commission] may not give a controller or processor an assessment notice with respect to the processing of personal data for the special purposes.

(6) The [^F1Commission] may not give an assessment notice to—

(a)
a body specified in section 23(3) of the Freedom of Information Act 2000 (bodies dealing with security matters), ^F2...
(b)
^F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amended text

This Section is shown as amended by the Data (Use and Access) Act 2025 (c. 18), among other instruments (see the annotations below) (commenced provisions as at 30 September 2026, ELI), as incorporated in the text in force on 30 September 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Word in s. 147(5)(6) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
F2 S. 147(6)(b) and word omitted (5.2.2026) by virtue of Data (Use and Access) Act 2025 (c. 18), ss. 99, 142(1); S.I. 2026/82, reg. 2(r)

Commencement Information

I1 S. 147 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

https://dpa2018.digiphile.law/article/article-147.html

Text as at 18 September 2026.

This is an unofficial convenience version of the Data Protection Act 2018. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.