- Latest available (Revised)
- Original (As enacted)
Criminal Justice and Immigration Act 2008, Section 144 is up to date with all changes known to be in force on or before 23 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)After section 55 of the Data Protection Act 1998 (c. 29) insert—
(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.
(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.
(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.
(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.”
(2)In section 67 of that Act (orders, regulations, rules)—
(a)in subsection (4) insert at the appropriate place— “ section 55E(1), ”; and
(b)in subsection (5) after paragraph (c) insert—
“(ca)regulations under section 55A(5) or (7) or 55B(3)(b),”.
Commencement Information
I1S. 144(1) in force at 1.10.2009 for specified purposes by S.I. 2009/2606, art. 2(n)
I2S. 144(1) in force at 6.4.2010 in so far as not already in force by S.I. 2010/712, art. 4
I3S. 144(2) in force at 1.10.2009 by S.I. 2009/2606, art. 2(o)
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?
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 Schedules 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?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: 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.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
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.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: