Data Protection Act 2018

Contents of penalty notice U.K.

5 (1) A penalty notice must contain the following information— U.K.

(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.

Modifications etc. (not altering text)

C1 Sch. 16 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))

Commencement Information

I1 Sch. 16 para. 5 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)