OFCOM may by notice (an "information notice") require a person within subsection (4) to provide them with any information that they require for the purpose of carrying out their functions under—
The power conferred by subsection (1) includes power to require a person within subsection (4) to obtain or generate information.
The power conferred by subsection (1) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.
The persons within this subsection are—
An information notice must—
An information notice must specify when the information must be provided which may be—
The power conferred by subsection (1) to require the provision of information includes power to require the provision of information held outside the United Kingdom.
OFCOM may not use the power conferred by subsection (1) to require the BBC to provide, obtain or generate information.
The power conferred by subsection (1) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.
A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to subsection (11)).
The duty under subsection (10) does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account).
In this section—
"data protection legislation" has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
"public service broadcaster" has the meaning given by section 264.