Restriction on enforcement in case of processing for the purposes of journalism or for artistic or literary purposes

82.(1) The Commissioner may not serve an enforcement notice on a data controller with respect to the processing of personal data for the purposes of journalism or for artistic or literary purposes unless

(a) a determination under section 81(1) with respect to those data has taken effect; and

(b) the High Court has granted leave for the notice to be served.

(2) The High Court shall not grant leave for the purposes of subsection (1)(b) unless he is satisfied

(a) that the Commissioner has reason to suspect a contravention of the data protection principles which is of substantial public importance; and

(b) except where the case is one of urgency, that the data controller has been given notice of the application for leave.

(3) The Commissioner may not serve an information notice on a data controller with respect to the processing of personal data for the purposes of journalism or for artistic or literary purposes unless a determination under section 81(1) with respect to those data has taken effect.