S.L. 586.8 Art. 52Cooperation with supervisory authorities. 35

(1) Where in the application of the provisions of these regulations or the Directive aimed at protecting the rights of individuals with regard to the processing of personal data concerning them, the Commissioner requires information, assistance or the action of a supervisory authority, the Commissioner may request such information, assistance or action to such supervisory authority.

(2) The request referred to in sub-regulation (1) shall contain all the necessary information, including the purpose of and reasons for the request. The information exchanged shall be used only for the purpose for which it was requested.

(3) Where the Commissioner receives a request for information, assistance, or for the exercise of any of its supervisory functions, or complaint, from a supervisory authority, the Commissioner shall in full spirit of cooperation, provide such information or assistance, or exercise its such supervisory function, or act upon such complaint as if such request or complaint has been received directly from a data subject.

(4) The Commissioner shall take all appropriate measures required to reply to a request referred to in sub-regulation (3), such as the transmission of relevant information on the conduct of an investigation, without undue delay and no later than one month after receiving the request.

(5) The Commissioner shall not refuse to comply with a request referred to in sub-regulation (3) unless:

(a) he is not competent for the subject-matter of the request or for the measures it is requested to execute; or

(b) compliance with the request would result in infringement of law. FOR THE PURPOSES OF THE PREVENTION, INVESTIGATION, DETECTION OR PROSECUTION OF CRIMINAL OFFENCES OR THE

EXECUTION OF CRIMINAL PENALTIES

(6) Where a request referred to in sub-regulation (3) is received, the Commissioner shall inform the requesting supervisory authority of the results or, as the case may be, of the progress of the measures taken in order to respond to the request:

Provided that where the Commissioner refuses to comply with such request pursuant to sub-regulation (5), he shall provide reasons for the refusal.

(7) Any communication transferred within the scope of this regulation, shall, as a rule, be made or supplied by electronic means, using the standardised format.

(8) The information received pursuant to this regulation shall be used only for the purpose for which it was requested.

(9) The Commissioner shall not charge a fee for complying and acting upon a request or complaint referred to under sub-regulation (3), unless rules have been agreed between the Commissioner and the requesting supervisory authority for indemnification for specific expenditure arising from the provision of mutual assistance in exceptional circumstances.