152 Enforcement notices: restrictions
152 Enforcement notices: restrictions

(1)     The Commissioner may not give a controller or processor an enforcement 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 importance, and

(b)     the controller or processor has been given notice of the application for leave in accordance with rules of court or the case is urgent.