SCHEDULES

SCHEDULE 20Transitional provision etc

PART 7Enforcement etc under the 1998 Act

Enforcement notices

33

1

The repeal of sections 40 and 41 of the 1998 Act (enforcement notices) does not affect the application of those sections after the relevant time in a case in which—

a

the Commissioner served a notice under section 40 of the 1998 Act before the relevant time (and did not cancel it before that time), or

b

the Commissioner is satisfied, after that time, that a data controller —

i

contravened the old data protection principles before that time, or

ii

contravened the sixth data protection principle sections after that time.

2

In this paragraph, “the relevant time” means the time when the repeal of section 40 of the 1998 Act comes into force.