SCHEDULES
C1SCHEDULE 16Penalties
Contents of notice of intent
I1C13
1
A notice of intent must contain the following information—
a
the name and address of the person to whom the Commissioner proposes to give a penalty notice;
b
the reasons why the Commissioner proposes to give a penalty notice (see sub-paragraph (2));
c
an indication of the amount of the penalty the Commissioner proposes to impose, including any aggravating or mitigating factors that the Commissioner proposes to take into account.
2
The information required under sub-paragraph (1)(b) includes—
a
a description of the circumstances of the failure, and
b
where the notice is given in respect of a failure described in section 149(2), the nature of the personal data involved in the failure.
3
A notice of intent must also—
a
state that the person may make written representations about the Commissioner's intention to give a penalty notice, and
b
specify the period within which such representations may be made.
4
The period specified for making written representations must be a period of not less than 21 days beginning when the notice of intent is given.
5
If the Commissioner considers that it is appropriate for the person to have an opportunity to make oral representations about the Commissioner's intention to give a penalty notice, the notice of intent must also—
a
state that the person may make such representations, and
b
specify the arrangements for making such representations and the time at which, or the period within which, they may be made.
Sch. 16 applied (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))