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Data Protection Act 2018

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Contents of penalty noticeE+W+S+N.I.

5(1)A penalty notice must contain the following information—E+W+S+N.I.

(a)the name and address of the person to whom it is addressed;

(b)details of the notice of intent given to the person;

(c)whether the Commissioner received oral or written representations in accordance with the notice of intent;

(d)the reasons why the Commissioner proposes to impose the penalty (see sub-paragraph (2));

(e)the reasons for the amount of the penalty, including any aggravating or mitigating factors that the Commissioner has taken into account;

(f)details of how the penalty is to be paid;

(g)details of the rights of appeal under section 162;

(h)details of the Commissioner's enforcement powers under this Schedule.

(2)The information required under sub-paragraph (1)(d) includes—

(a)a description of the circumstances of the failure, and

(b)where the notice is given in respect of a failure described in section 149(2), the nature of the personal data involved in the failure.

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