How to do a compliance check: data-gathering powers: penalties
You can charge penalties if the data-holder fails to comply with a data-holder notice.
Depending on how long the data-holder fails to comply with the data-holder notice, they can be liable to
- an initial fixed penalty of £300 when they fail to comply with the data-holder notice, see CH29520
- daily default penalties of up to £60 per day for failures that continue after the initial fixed penalty has been charged, see CH29540
- increased daily default penalties of up to £1,000 per day if they are approved by the tribunal after the £60 daily default penalties have been charged, see CH29550
- an inaccuracy penalty of up to £3,000 where the data-holder carelessly or deliberately provides inaccurate information or documents, see CH29560
You can allow further time for a data-holder to comply with a data-holder notice before penalties are charged, see CH206470.
Note: You cannot charge initial fixed penalties and daily default penalties where the person satisfies us, or the tribunal, that there is a ‘reasonable excuse’ for the failure; see CH29600 for details and examples of reasonable excuse.