Data Protection (Monetary Penalties) Order 2010 comes into force
Implementation date: 6 April 2010
The Order makes provision in relation to monetary penalty notices and notices of intent served on data controllers under ss.55A and 55B of the Data Protection Act 1998. It prescribes that the Information Commissioner must consider any written representations made by a data controller in relation to a notice of intent, when deciding whether or not to serve a monetary penalty notice. It also sets out a minimum 21-day period for making written representations about a notice of intent, and a minimum 28-day period after service of the monetary penalty notice within which the penalty must be paid. The Order provides that the Information Commissioner may not serve a monetary penalty notice more than six months after the service of a notice of intent. The Order can be viewed on the OPSI website.