Determination by Commissioner as to the purposes of journalism or artistic or literary purposes

81.(1) Where at any time it appears to the Commissioner, whether as a result of the service of a special information notice or otherwise, that any personal data is not being processed

(a) only for the purposes of journalism or for artistic or literary purposes; or

(b) with a view to the publication by any person of any journalistic, literary or artistic material which has not previously been published by the data controller,

he may make a determination in writing to that effect.

(2) Notice of the determination shall be given to the data controller; and the notice must contain particulars of the right of appeal conferred by section 91.

(3) A determination under subsection (1) shall not take effect until the end of the period within which an appeal can be brought and, where an appeal is brought, shall not take effect pending the determination or withdrawal of the appeal.