| (1) |
Where, following the completion
of an investigation, the Commissioner is of the opinion
that the relevant data user-
| (a)
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is contravening a requirement under this Ordinance;
or
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| (b) |
has contravened such a requirement in circumstances
that make it likely that the contravention will
continue or be repeated, then the Commissioner
may serve on the relevant data user a notice in
writing-
- stating that he is of that opinion;
- specifying the requirement as to which he
is of that opinion and the reasons why he is
of that opinion;
- directing the data user to take such steps
as are specified in the notice to remedy the
contravention or, as the case may be, the matters
occasioning it within such period (ending not
earlier than the period specified in subsection
(7) within which an appeal against the notice
may be made) as is specified in the notice;
and
- accompanied by a copy of this section
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| (2) |
In deciding whether
to serve an enforcement notice the Commissioner shall
consider whether the contravention or matter to which
the notice relates has caused or is likely to cause damage
or distress to any individual who is the data subject
of any personal data to which the contravention or matter,
as the case may be, relates. |
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| (3) |
The steps specified in an enforcement notice to remedy
any contravention or matter to which the notice relates
may be framed-
| (a)
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to any extent by reference to any approved code
of practice;
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| (b) |
so as to afford the relevant data user a choice
between different ways of remedying the contravention
or matter, as the case may be.
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| (4) |
Subject
to subsection (5), the period specified in an enforcement
notice for taking the steps specified in it shall not
expire before the end of the period specified in subsection
(7) within which an appeal against the notice may be made
and, if such an appeal is made, those steps need not be
taken pending the determination or withdrawal of the appeal.
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| (5) |
If the Commissioner is of the opinion that by reason
of special circumstances the steps specified in an enforcement
notice should be taken as a matter of urgency-
| (a)
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he may include a statement to that effect in
the notice together with the reasons why he is
of that opinion;
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| (b) |
where such a statement is so included, subsection
(4) shall not apply but the notice shall not require
those steps to be taken before the end of the
period of 7 days beginning with the date on which
the notice was served.
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| (6) |
The Commissioner
may cancel an enforcement notice by notice in writing
served on the relevant data user. |
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| (7) |
An appeal may be
made to the Administrative Appeals Board against an enforcement
notice by the relevant data user not later than 14 days
after the notice was served. |
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| (8) |
Where the Commissioner-
| (a)
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forms an opinion referred to in subsection (1)
in respect of the relevant data user at any time
before the completion of an investigation; and
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| (b) |
is also of the opinion that, by reason of special
circumstances, an enforcement notice should be
served on the relevant data user as a matter of
urgency, he may so serve such notice notwithstanding
that the investigation has not been completed
and, in any such case-
- the Commissioner shall, without prejudice
to any other matters to be included in such
notice, specify in the notice the reasons as
to why he is of the opinion referred to in paragraph
(b); and
- the other provisions of this Ordinance (including
this section) shall be construed accordingly.
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