Data gathering: Penalties: Increased daily default penalties
If the initial fixed penalty and daily default penalties are unsuccessful in getting the person to comply with the data-holder notice then we can apply to the tribunal to impose increased daily default penalties.
Three conditions must be satisfied before we can apply to the tribunal. The conditions are that
the data-holder has been assessed with
- an initial fixed penalty of £300, and
- daily default penalties, and
- 30 days have passed since the data-holder was last assessed with the daily default penalties, and they still have not complied with the data-holder notice, and
- the data-holder has been told that we may make an application to the tribunal for an increased daily default penalty.
The data-holder may attend the hearing where we apply for an increased daily penalty.
If the tribunal approves that we can charge increased daily default penalties then the increased daily default penalties are charged instead of the daily default penalties.
The tribunal decides the amount of the increased daily default penalties. They cannot be more than £1,000 per day. When deciding on an amount of the increased daily default penalties, the tribunal must consider
- the likely cost of complying with the data-holder notice
- any benefits of not complying with it, and
- any benefits to anyone else resulting from the person’s non-compliance.
We must notify the person of
- the amount of the increased daily default penalty that the tribunal has approved, and
- the date in the future from which we will charge the increased daily default penalties, if they have not complied with the notice by that date.