Part VI Miscellaneous and General

F1Monetary penaltiesF3F4F5

Annotations:
Amendments (Textual)
F1

Ss. 55A - 55E and cross-heading inserted (1.10.2009 for certain purposes and 1.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

F3

S. 55B inserted (1.10.2009 for certain purposes and 6.4.2010 to the extent that it is not already in force) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n); S.I. 2010/712, art. 4

F255APower of Commissioner to impose monetary penalty

1

The Commissioner may serve a data controller with a monetary penalty notice if the Commissioner is satisfied that—

a

there has been a serious contravention of section 4(4) by the data controller,

b

the contravention was of a kind likely to cause substantial damage or substantial distress, and

c

subsection (2) or (3) applies.

2

This subsection applies if the contravention was deliberate.

3

This subsection applies if the data controller—

a

knew or ought to have known —

i

that there was a risk that the contravention would occur, and

ii

that such a contravention would be of a kind likely to cause substantial damage or substantial distress, but

b

failed to take reasonable steps to prevent the contravention.

4

A monetary penalty notice is a notice requiring the data controller to pay to the Commissioner a monetary penalty of an amount determined by the Commissioner and specified in the notice.

5

The amount determined by the Commissioner must not exceed the prescribed amount.

6

The monetary penalty must be paid to the Commissioner within the period specified in the notice.

7

The notice must contain such information as may be prescribed.

8

Any sum received by the Commissioner by virtue of this section must be paid into the Consolidated Fund.

9

In this section—

  • “data controller” does not include the Crown Estate Commissioners or a person who is a data controller by virtue of section 63(3);

  • “prescribed” means prescribed by regulations made by the Secretary of State.