Data Protection Act 2018 (c. 12) – Section 164 – Applications in respect of urgent notices

Sections

Section 164Applications in respect of urgent notices

(1) This section applies where an information notice, an assessment notice [^F1, an interview notice] or an enforcement notice given to a person contains an urgency statement.

(2) The person may apply to the court for either or both of the following—

(a)
the disapplication of the urgency statement in relation to some or all of the requirements of the notice;
(b)
a change to the time at which, or the period within which, a requirement of the notice must be complied with.

(3) On an application under subsection (2), the court may do any of the following—

(a)
direct that the notice is to have effect as if it did not contain the urgency statement;
(b)
direct that the inclusion of the urgency statement is not to have effect in relation to a requirement of the notice;
(c)
vary the notice by changing the time at which, or the period within which, a requirement of the notice must be complied with;
(d)
vary the notice by making other changes required to give effect to a direction under paragraph (a) or (b) or in consequence of a variation under paragraph (c).

(4) The decision of the court on an application under this section is final.

(5) In this section, “urgency statement” means—

(a)
in relation to an information notice, a statement under section 142(7)(a),
(b)
in relation to an assessment notice, a statement under section 146(8)(a) or (9)(d),
(ba)
[^F2 in relation to an interview notice, a statement under section 148A(8)(a),] and
(c)
in relation to an enforcement notice, a statement under section 150(8)(a).

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 Words in s. 164(1) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(8)(a), 142(1); S.I. 2026/82, reg. 2(s)
F2 S. 164(5)(ba) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(8)(b), 142(1); S.I. 2026/82, reg. 2(s)

Commencement Information

I1 S. 164 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

https://dpa2018.digiphile.law/article/article-164.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.