Section 42Part 5 — FUNCTIONS OF INFORMATION COMMISSIONER
Codes of practice
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The Cabinet may, after consulting with the Commissioner, make regulations for the preparation and dissemination of codes of practice which may be specific to a particular industry or processing operation.
Any guidance under subsection (3) shall describe the personal data or processing to which the code of practice shall relate, and may also describe the persons or classes of persons to whom it shall relate.
The Commissioner shall also —
if the Commissioner considers it appropriate to do so, encourage trade associations to prepare, and to disseminate to their members, codes of practice for guidance as to good practice; and
if a trade association submits a code of practice for the Commissioner’s consideration, consider the code and, after such consultation with data subjects or persons representing data subjects as appears to the Commissioner to be appropriate, notify the trade association whether, in the Commissioner’s opinion, the code promotes good practice.
The Commissioner may, with the consent of the relevant data controller, assess any processing of personal data for the adherence to good practice and shall inform the data controller of the results of the assessment.
The Commissioner may charge such fees as may be considered fit for any services provided by the Commissioner under this Law.
In this section —
means such practice in the processing of personal data as appears to the Commissioner to be desirable having regard to the interests of data subjects and others, and includes compliance with the requirements of this Law; and
includes any body representing data controllers.
The Commissioner shall also provide the Cabinet with a copy of any code of practice prepared under subsection (1), unless the code is included in any report provided to the Cabinet.
The Commissioner shall cause to be laid a copy of a report, or of a code provided under subsection (7) before the Legislative Assembly as soon as practicable after the Cabinet receives the report or a copy of the code.
Defined Terms
good practicetrade association