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Paragraph 5 I1C1

(1)

A penalty notice must contain the following information—

(a)

the name and address of the person to whom it is addressed;

(b)

details of the notice of intent given to the person;

(c)

whether the F1Commission received oral or written representations in accordance with the notice of intent;

(d)

the reasons why the Commission proposes to impose the penalty (see sub-paragraph (2));

(e)

the reasons for the amount of the penalty, including any aggravating or mitigating factors that the Commission has taken into account;

(f)

details of how the penalty is to be paid;

(g)

details of the rights of appeal under section 162;

(h)

details of the F2Commission's enforcement powers under this Schedule.

(2)

The information required under sub-paragraph (1)(d) 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.

Annotations

Textual amendments

F1

Word in Sch. 16 para. 5(1)(c)-(e) 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. 5(1)(h) 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. 5 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)