Paragraph 3 I1C1
A notice of intent must contain the following information—
the name and address of the person to whom the F1Commission proposes to give a penalty notice;
the reasons why the Commission proposes to give a penalty notice (see sub-paragraph (2));
an indication of the amount of the penalty the Commission proposes to impose, including any aggravating or mitigating factors that the Commission proposes to take into account.
The information required under sub-paragraph (1)(b) includes—
a description of the circumstances of the failure, and
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.
A notice of intent must also—
state that the person may make written representations about the F2Commission's intention to give a penalty notice, and
specify the period within which such representations may be made.
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.
If the F3Commission considers that it is appropriate for the person to have an opportunity to make oral representations about the Commission's intention to give a penalty notice, the notice of intent must also—
state that the person may make such representations, and
specify the arrangements for making such representations and the time at which, or the period within which, they may be made.
Annotations
Textual amendments
- F1
Word in Sch. 16 para. 3(1) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F2
Word in Sch. 16 para. 3(3) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
- F3
Word in Sch. 16 para. 3(5) substituted (30.9.2026) by The Data (Use and Access) Act 2025 (Consequential Amendments and Transitional Provision) Regulations 2026 (S.I. 2026/386), reg. 1(2), Sch. 2 para. 23(2)(3); S.I. 2026/1015, reg. 2(c)
Modifications
- C1
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))
Commencement
- I1
Sch. 16 para. 3 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)