PART 6Enforcement
The special purposes
176Staying special purposes proceedings
1
In any special purposes proceedings before a court, if the controller or processor claims, or it appears to the court, that any personal data to which the proceedings relate—
a
is being processed only for the special purposes,
b
is being processed with a view to the publication by any person of journalistic, academic, artistic or literary material, and
c
has not previously been published by the controller,
the court must stay or, in Scotland, sist the proceedings.
2
In considering, for the purposes of subsection (1)(c), whether material has previously been published, publication in the immediately preceding 24 hours is to be ignored.
3
Under subsection (1), the court must stay or sist the proceedings until either of the following conditions is met—
a
a determination of the Commissioner under section 174 with respect to the personal data or the processing takes effect;
b
where the proceedings were stayed or sisted on the making of a claim, the claim is withdrawn.