156 Penalty notices: restrictions

156  Penalty notices: restrictions

(1)     The Commissioner may not give a controller or processor a penalty notice in reliance on section 149(2) with respect to the processing of personal data for the special purposes unless—

(a)     a determination under section 174 with respect to the data or the processing has taken effect, and

(b)     a court has granted leave for the notice to be given.

(2)     A court must not grant leave for the purposes of subsection (1)(b) unless it is satisfied that—

(a)     the Commissioner has reason to suspect a failure described in section 149(2) which is of substantial public

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