Data Protection Act 1998

[F155APower of Commissioner to impose monetary penaltyE+W+S+N.I.
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Amendments (Textual)

F1S. 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

(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.

[F2(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 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.]

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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)