Data Protection Act 2018

149.

Publication of convictions, sanctions, etc.

149. (1) The Commission shall publish particulars of any—

(a) conviction of a person for a contravention of this Act,

(b) exercise by it of its power—

(i) to impose an administrative fine, or

(ii) to order the suspension of data transfers to a recipient in a third country or to an international organisation, under Article 58(2)(j),

or

(c) order of the Court under section 134 .

(2) The publication under subsection (1) of the particulars referred to in that subsection shall be in such form and manner and in respect of such period as the Commission thinks fit.

(3) The Commission may publish particulars, in such form and manner and in respect of such period as it thinks fit, of the exercise by it of its corrective powers under Article 58(2) (other than those referred to in subsection (1)) or section 127 .

(4) Subject to subsection (5), the Commission may, if it considers it in the public interest to do so, publish particulars of any report under section 135 , report by the Commission of any investigation or audit carried out, or other function performed, by it under the Data Protection Regulation or this Act, or any matter relating to or arising in the course of such an investigation, audit or performance.

(5) The Commission shall ensure that the publication under subsection (4) of information referred to in that subsection is done in such a manner that commercially sensitive information relating to a person is not disclosed.

(6) The publication by the Commission of particulars of any report or matters referred to in subsection (3) or (4) and any other report of the Commission shall, for the purposes of the law of defamation, be absolutely privileged.

(7) In this section, “commercially sensitive information” means—

(a) financial, commercial, scientific, technical or other information the disclosure of which could reasonably be expected to result in a material financial loss or gain to the person to whom it relates, or could prejudice the competitive position of that person in the conduct of his or her business or otherwise in his or her occupation, or

(b) information the disclosure of which could prejudice the conduct or outcome of contractual or other negotiations of the person to whom it relates.