Data Protection Act 2018UK · 2018 c. 12
Digiphile

Sections

Section 51Exercise of rights through the [F1Commission]

(1) This section applies where a controller—
(2) The data subject may—
  • (a)
    where subsection (1)(a) or (b) applies, request the [F1Commission] to check that the restriction imposed by the controller was lawful;
  • (aa)
    [F3 where subsection (1)(ba) applies, request the [F1Commission] to check that the controller was entitled to rely on the exemption;]
  • (b)
    where subsection (1)(c) applies, request the [F1Commission] to check that the refusal of the data subject's request was lawful.
(3) The [F1Commission] must take such steps as appear to the [F1Commission] to be appropriate to respond to a request under subsection (2) (which may include the exercise of any of the powers conferred by sections 142 and 146).
(4) After taking those steps, the [F1Commission] must inform the data subject—
  • (a)
    where subsection (1)(a) or (b) applies, whether the [F1Commission] is satisfied that the restriction imposed by the controller was lawful;
  • (aa)
    [F4 where subsection (1)(ba) applies, whether the [F1Commission] is satisfied that the controller was entitled to rely on the exemption;]
  • (b)
    where subsection (1)(c) applies, whether the [F1Commission] is satisfied that the controller's refusal of the data subject's request was lawful.
(5) The [F1Commission] must also inform the data subject of the data subject's right to apply to a court under section 167.
(6) Where the [F1Commission] is not satisfied as mentioned in subsection (4)(a) [F5, (aa)] or (b), the [F1Commission] may also inform the data subject of any further steps that the [F1Commission] is considering taking under Part 6 .

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.