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Data Protection Act 1998

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This is the original version (as it was originally enacted).

46Restriction on enforcement in case of processing for the special purposes

(1)The Commissioner may not at any time serve an enforcement notice on a data controller with respect to the processing of personal data for the special purposes unless—

(a)a determination under section 45(1) with respect to those data has taken effect, and

(b)the court has granted leave for the notice to be served.

(2)The court shall not grant leave for the purposes of subsection (1)(b) unless it is satisfied—

(a)that the Commissioner has reason to suspect a contravention of the data protection principles which is of substantial public importance, and

(b)except where the case is one of urgency, that the data controller has been given notice, in accordance with rules of court, of the application for leave.

(3)The Commissioner may not serve an information notice on a data controller with respect to the processing of personal data for the special purposes unless a determination under section 45(1) with respect to those data has taken effect.

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