144 Power to require data controllers to pay monetary penalty
Criminal Justice and Immigration Act 2008 (2008 c 4) | Legislation

Penalties for serious contraventions of data protection principles

144  Power to require data controllers to pay monetary penalty

(1)     After section 55 of the Data Protection Act 1998 (c 29) insert—

“Monetary penalties
55A Power of Commissioner to impose monetary penalty

(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

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