97 Conduct of reviews

(1) If, during an external review, the information commissioner proposes to—

(a) allow a participant to make oral submissions; or

(b) take evidence on oath or affirmation; that part of the external review must be conducted in public unless the commissioner decides otherwise.

(2) In conducting an external review, the commissioner must—

(a) adopt procedures that are fair, having regard to the obligations of the commissioner under this Act; and

(b) ensure that each participant has an opportunity to present the participant's views to the commissioner by making written or oral submissions but, subject to paragraph (a), it is not necessary for a participant to be given an opportunity to appear before the commissioner.

(3) If the commissioner gives a participant an opportunity to appear before the commissioner, the participant may, with the approval of the commissioner, be represented by another person.

(4) If—

(a) the commissioner has decided not to notify a person of the review; and

(b) it later becomes apparent to the commissioner that documents in which the person has an interest are likely to be released;

the commissioner must take reasonable steps to notify the person of the likely release if the release may reasonably be expected to be of concern to the person.