Part 6: Enforcement Section 152: Enforcement notices: restrictions
This section sets out certain restrictions which apply to the Commissioner when issuing enforcement notices to a data controller or processor. It reflects the provisions of Article 85 of the GDPR, which reconciles the protection of personal data with the right to freedom of expression for literary, artistic, journalistic or academic purposes. It replicates existing provisions under sections 46(1) and (2) of the 1998 Act.
	Subsection (1) states that an enforcement notice cannot be served on a controller or processor if the processing was for artistic, journalistic, academic or literary purposes, unless the Commissioner has determined under section 174 that the processing was not wholly for such purposes, or the court has granted permission for the enforcement notice to be served.
	Subsection (2) provides that the court cannot grant leave for an enforcement notice to be served unless certain conditions are met.
	Subsection (3) provides that an enforcement notice does not require a person to do something to the extent that requiring the person to do it would involve an infringement of the privileges of either House of Parliament.