PART 6Enforcement

Penalties

I1C1156Penalty notices: restrictions

1

The Commissioner may not give a controller or processor a penalty notice in reliance on section 149(2) with respect to the processing of personal data for the special purposes unless—

a

a determination under section 174 with respect to the data or the processing has taken effect, and

b

a court has granted leave for the notice to be given.

2

A court must not grant leave for the purposes of subsection (1)(b) unless it is satisfied that—

a

the Commissioner has reason to suspect a failure described in section 149(2) which is of substantial public importance, and

b

the controller or processor has been given notice of the application for leave in accordance with rules of court or the case is urgent.

3

The Commissioner may not give a controller or processor a penalty notice with respect to the processing of personal data where the purposes and manner of the processing are determined by or on behalf of either House of Parliament.

4

The Commissioner may not give a penalty notice to—

a

the Crown Estate Commissioners, or

b

a person who is a controller by virtue of section 209(4) (controller for the Royal Household etc).

5

In the case of a joint controller in respect of the processing of personal data to which Part 3 or 4 applies whose responsibilities for compliance with that Part are determined in an arrangement under section 58 or 104, the Commissioner may only give the controller a penalty notice in reliance on section 149(2) if the controller is responsible for compliance with the provision, requirement or principle in question.