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Data Protection Act 1998

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[F1Monetary penalties]E+W+S+N.I.

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Amendments (Textual)

F1Ss. 55A - 55E and cross-heading inserted (1.10.2009 for certain purposes and 1.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

[F255APower of Commissioner to impose monetary penaltyE+W+S+N.I.

(1)The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that—

(a)there has been a serious contravention of section 4(4) by the data controller,

(b)the contravention was of a kind likely to cause substantial damage or substantial distress, and

(c)subsection (2) or (3) applies.

(2)This subsection applies if the contravention was deliberate.

(3)This subsection applies if the data controller—

(a)knew or ought to have known —

(i)that there was a risk that the contravention would occur, and

(ii)that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but

(b)failed to take reasonable steps to prevent the contravention.

[F3(3A)The Commissioner may not be satisfied as mentioned in subsection (1) by virtue of any matter which comes to the Commissioner's attention as a result of anything done in pursuance of—

(a)an assessment notice;

(b)an assessment under section 51(7).]

(4)A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice.

(5)The amount determined by the Commissioner must not exceed the prescribed amount.

(6)The monetary penalty must be paid to the Commissioner within the period specified in the notice.

(7)The notice must contain such information as may be prescribed.

(8)Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund.

(9)In this section—

  • data controller” does not include the Crown Estate Commissioners [F4, a relevant person] or a person who is a data controller by virtue of section 63(3);

  • prescribed” means prescribed by regulations made by the Secretary of State.][F5; and

  • “relevant person” means a person who is discharging functions in relation to the management of any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 55A inserted (1.10.2009 for certain purposes and 6.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

[F655BMonetary penalty notices: procedural rightsE+W+S+N.I.

(1)Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent.

(2)A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice.

(3)A notice of intent must—

(a)inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and

(b)contain such other information as may be prescribed.

(4)The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired.

(5)A person on whom a monetary penalty notice is served may appeal to the Tribunal against—

(a)the issue of the monetary penalty notice;

(b)the amount of the penalty specified in the notice.

(6)In this section, “prescribed” means prescribed by regulations made by the Secretary of State.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F6S. 55B inserted (1.10.2009 for certain purposes and 6.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

[F755CGuidance about monetary penalty noticesE+W+S+N.I.

(1)The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B.

(2)The guidance must, in particular, deal with—

(a)the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and

(b)how he will determine the amount of the penalty.

(3)The Commissioner may alter or replace the guidance.

(4)If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.

[F8(5) The Commissioner must consult the Secretary of State before issuing any guidance under this section.]

(6)The Commissioner must lay any guidance issued under this section before each House of Parliament.

(7)The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate.

(8) In subsections (5) to (7), “ guidance ” includes altered or replacement guidance. ]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

[F955DMonetary penalty notices: enforcementE+W+S+N.I.

(1)This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A.

(2)In England and Wales, the penalty is recoverable—

(a)if [F10 the county court ] so orders, as if it were payable under an order of that court;

(b)if the High Court so orders, as if it were payable under an order of that court.

(3)In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(4)In Northern Ireland, the penalty is recoverable—

(a)if a county court so orders, as if it were payable under an order of that court;

(b)if the High Court so orders, as if it were payable under an order of that court.]

Annotations: Help about Annotation
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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F10Words in s. 55D(2)(a) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

[F1155ENotices under sections 55A and 55B: supplementalE+W+S+N.I.

(1)The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent.

(2)An order under this section may in particular—

(a)provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order;

(b)make provision for the cancellation or variation of monetary penalty notices;

(c)confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices;

(d)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)make provision for the determination of [F13appeals made by virtue of paragraph (c)];

(f)F14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)An order under this section may apply any provision of this Act with such modifications as may be specified in the order.

(4)An order under this section may amend this Act.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

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