When can section 110 apply?
Ofcom may include a requirement in an for an entity to name one individual who meets the section 103 senior-manager test and can reasonably be expected to ensure compliance. The notice must also require the entity to inform the individual and explain the consequences of non-compliance. Naming happens in the entity's response; assigning an executive internally before a notice arrives is useful preparation but is not the statutory trigger.
Section 110 covers failure to prevent specified entity offences under section 109. These include failing to comply with the notice; knowingly or recklessly providing information that is false in a material particular; intentionally supplying encrypted information in a form that prevents Ofcom from understanding it; intentionally suppressing, destroying, or altering required information or documents; and intentional deletion or alteration of information that a data-preservation notice requires the entity to retain for an official investigation into a child's death. The precise intent and other elements in section 109 must be proved for the relevant route.
The entity must commit the underlying offence and the named individual must have failed to take to prevent it. Section 110 therefore addresses information governance and evidence handling. A failure to meet an unrelated safety duty does not by itself establish the offence.
- Authenticate the notice, recipient entity, legal power, covered service, questions, deadline, response format, preservation scope, and naming requirement.
- Name an individual who meets section 103 and has enough authority, access, time, and organisational support to direct the response.
- Issue written collection and preservation instructions, identify systems and data owners, and suspend routine deletion where retention is required.
- Verify completeness, material accuracy, calculations, explanations, encryption usability, approvals, and delivery before the deadline.
Binding notice-specific naming requirement and senior-manager definition.
Binding elements of the entity and individual offences connected with information notices, including non-compliance, false information, encryption, destruction, alteration, and data preservation.
Binding named-senior-manager offence elements and statutory defences.
Official explanation of the data-preservation offence added to sections 109 and 110 for information connected with an official investigation into a child's death.