SCHEDULES
SCHEDULE 16Penalties
5Contents of penalty notice
1
A penalty notice must contain the following information—
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.