Part VEnforcement
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.