(1) A contravention of section 6, 6A, 6B, 6C, 6D, 6E, 6F, 7C or 7D in relation to a disclosure requirement shall not of itself render that disclosure requirement invalid or constitute a cause of action at the suit of a person affected by the disclosure requirement, but any such contravention shall be subject to investigation in accordance with the subsequent provisions of this section and nothing in this subsection shall affect a cause of action for the infringement of a constitutional right.

(2) A person who believes that data that relate to the person and that are in the possession of a service provider have been accessed following a disclosure requirement may apply to the Referee for an investigation into the matter.

(3) If an application is made under this section (other than one appearing to the Referee to be frivolous or vexatious), the Referee shall investigate -

(a) whether a disclosure requirement was made as alleged in the application, and