Part 5Data protection and privacy
Chapter 1Data protection
Enforcement
101Penalty notices
(1)
The 2018 Act is amended as follows.
(2)
In paragraph 2 of Schedule 16 (notice of intent to impose penalty), omit sub-paragraphs (2) and (3).
(3)
In paragraph 4 of that Schedule (giving a penalty notice)—
(a)
“A1
This paragraph applies where the Commissioner gives a notice of intent to a person.
A2
Within the period of 6 months beginning when the notice is given, or as soon as reasonably practicable thereafter, the Commission must give to the person—
(a)
a penalty notice, or
(b)
written notice that the Commissioner has decided not to give a penalty notice to the person.”,
(b)
in sub-paragraph (1)—
(i)
at the beginning, insert “But”
, and
(ii)
after “penalty notice” insert “to the person”
, and
(c)
in sub-paragraph (2), for “a person” substitute “the person”
.
(4)
“(e)
provision about the circumstances in which the Commissioner would consider it necessary to comply with the duty in paragraph 4(A2) of Schedule 16 after the period of 6 months mentioned in that paragraph.”