Data Protection Act 1998

[F155CGuidance about monetary penalty noticesU.K.

(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.]