50. Determination by Commissioner as to the special purposes

50.—

1. Where at any time it appears to the Commissioner (whether as a result of the service of an information notice or otherwise) that any personal data—

(a) are not being processed only for the special purposes; or

(b) are not being processed 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, the Commissioner may make a determination in writing to that effect.

2. Notice as to a determination under subsection (1) shall—

(a) be given to the data controller concerned; and

(b) contain the particulars of the right of appeal conferred by section 53.

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.