Section 158 — Data Protection Act 2018: Fixed penalties for non-compliance with charges regulations

Fixed penalties for non-compliance with charges regulations 158 1 The Commissioner must produce and publish a document specifying the amount of the penalty for a failure to comply with regulations made under section 137.

2 The Commissioner may specify different amounts for different types of failure.

3 The maximum amount that may be specified is 150% of the highest charge payable by a controller in respect of a financial year in accordance with the regulations, disregarding any discount available under the regulations.

4 The Commissioner—

a may alter or replace the document, and b must publish any altered or replacement document.

5 Before publishing a document under this section (including any altered or replacement document), the Commissioner must consult—

a the Secretary of State, and b such other persons as the Commissioner considers appropriate.

6 The Commissioner must arrange for a document published under this section (including any altered or replacement document) to be laid before Parliament.