- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (01/10/2009)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 18/01/2010
Point in time view as at 01/10/2009. This version of this cross heading contains provisions that are not valid for this point in time.
Data Protection Act 1998, Cross Heading: Monetary penalties is up to date with all changes known to be in force on or before 26 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
Textual Amendments
F1Ss. 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
F2S. 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
F3S. 55C inserted (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n)
F4S. 55E inserted (1.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2009/2606, art. 2(n)
(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.]
Textual Amendments
F5S. 55A 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
(1)Before serving a monetary penalty notice, the Commissioner must serve the data controller with a notice of intent.
(2)A notice of intent is a notice that the Commissioner proposes to serve a monetary penalty notice.
(3)A notice of intent must—
(a)inform the data controller that he may make written representations in relation to the Commissioner's proposal within a period specified in the notice, and
(b)contain such other information as may be prescribed.
(4)The Commissioner may not serve a monetary penalty notice until the time within which the data controller may make representations has expired.
(5)A person on whom a monetary penalty notice is served may appeal to the Tribunal against—
(a)the issue of the monetary penalty notice;
(b)the amount of the penalty specified in the notice.
(6)In this section, “prescribed” means prescribed by regulations made by the Secretary of State.]
(1)The Commissioner must prepare and issue guidance on how he proposes to exercise his functions under sections 55A and 55B.
(2)The guidance must, in particular, deal with—
(a)the circumstances in which he would consider it appropriate to issue a monetary penalty notice, and
(b)how he will determine the amount of the penalty.
(3)The Commissioner may alter or replace the guidance.
(4)If the guidance is altered or replaced, the Commissioner must issue the altered or replacement guidance.
(5)The Commissioner may not issue guidance under this section without the approval of the Secretary of State.
(6)The Commissioner must lay any guidance issued under this section before each House of Parliament.
(7)The Commissioner must arrange for the publication of any guidance issued under this section in such form and manner as he considers appropriate.
(8)In subsections (5) to (7), “guidance” includes altered or replacement guidance.]
Yn ddilys o 01/04/2010
(1)This section applies in relation to any penalty payable to the Commissioner by virtue of section 55A.
(2)In England and Wales, the penalty is recoverable—
(a)if a county court so orders, as if it were payable under an order of that court;
(b)if the High Court so orders, as if it were payable under an order of that court.
(3)In Scotland, the penalty may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.
(4)In Northern Ireland, the penalty is recoverable—
(a)if a county court so orders, as if it were payable under an order of that court;
(b)if the High Court so orders, as if it were payable under an order of that court.]
Textual Amendments
F6S. 55D inserted (6.4.2010) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 144(1), 153; S.I. 2010/712, art. 4
(1)The Secretary of State may by order make further provision in connection with monetary penalty notices and notices of intent.
(2)An order under this section may in particular—
(a)provide that a monetary penalty notice may not be served on a data controller with respect to the processing of personal data for the special purposes except in circumstances specified in the order;
(b)make provision for the cancellation or variation of monetary penalty notices;
(c)confer rights of appeal to the Tribunal against decisions of the Commissioner in relation to the cancellation or variation of such notices;
(d)make provision for the proceedings of the Tribunal in respect of appeals under section 55B(5) or appeals made by virtue of paragraph (c);
(e)make provision for the determination of such appeals;
(f)confer rights of appeal against any decision of the Tribunal in relation to monetary penalty notices or their cancellation or variation.
(3)An order under this section may apply any provision of this Act with such modifications as may be specified in the order.
(4)An order under this section may amend this Act.]
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys