The suspended head of Cambridge Analytica has refused to appear before a parliamentary inquiry into fake news, citing an investigation by the information commissioner about the firm’s use of data.

Alexander Nix had agreed to appear again on Wednesday before the digital, culture, media and sport committee after it asked him to return to address “inconsistencies” in his earlier evidence to its investigation into fake news and misinformation.

But his lawyers told the committee he would not now be appearing, its chairman, Damian Collins, told a hearing of the inquiry.

Collins said Nix’s lawyers had said he was “now not able to give evidence tomorrow as a consequence of him having been served with an information notice and being subject of a criminal investigation by the Information Commissioner’s Office”.

Investigators from the data watchdog spent nearly seven hours searching the London offices of Cambridge Analytica last month as part of its investigation.

Collins disputed the grounds for Nix’s refusal to appear and said the committee was considering using its power to summon him.

The Conservative MP said: “We have taken advice from the parliamentary authorities on this matter. He has not been charged with any offence. The subjudicary rules do not apply in these cases as there is no ongoing legal proceeding.”

He added: “We will be discussing this with the information commissioner on Thursday but it is certainly the intention of the committee to take this further and consider issuing a summons for Mr Nix to appear on a named day at some point in the near future.”

The information commissioner said: “We have written to Mr Nix to invite him to be interviewed by our investigators. Our investigation is looking at whether criminal and civil offences have been committed under the Data Protection Act.”

Last month, revelations about Cambridge Analytica in the Guardian and Observer prompted Collins to ask Nix to provide further evidence to the committee.

He wrote: “We are also interested in asking you again about your claim that you ‘do not work with Facebook data, and … do not have Facebook data’.”

Collins warned Nix that giving false statements to a select committee was a very serious matter and urged him to explain his comments.