Data Protection Act 2018

Assessment notices

3 (1) Sub-paragraph (2) applies where the Commissioner gives an assessment notice to a person during a relevant period.

(2) If the assessment notice—

(a) states that, in the Commissioner’s opinion, it is necessary for the controller or processor to comply with a requirement in the notice for the purposes of the relevant review, and

(b) gives the Commissioner’s reasons for reaching that opinion,

subsections (6) and (7) of section 146 do not apply but the notice must not require the controller or processor to comply with the requirement before the end of the period of 7 days beginning when the notice is given.

(3) During a relevant period, section 147 has effect as if for subsection (5) there were substituted—

“(5) The Commissioner may not give a controller or processor an assessment notice with respect to the processing of personal data for the special purposes unless a determination under section 174 with respect to the data or the processing has taken effect.”