Cancellation of enforcement notice
(1) A responsible party on whom an enforcement notice has been served may, at any time after the expiry of the period during which an appeal may be brought against that notice, apply in writing to the Regulator for the cancellation or variation of that notice on the ground that, by reason of a change of circumstances, all or any of the provisions of that notice need not be complied with in order to ensure compliance with the conditions for the lawful processing of personal information.
(2) If the Regulator considers that all or any of the provisions of an enforcement notice need not be complied with in order to ensure compliance with a condition for the lawful processing of personal information or conditions to which it relates, it may cancel or vary the notice by written notice to the responsible party on whom it was served.
What this means for your estate
- If circumstances genuinely change after an enforcement notice is served, your estate can apply in writing for it to be cancelled or varied (subsection (1)), this is a real avenue if, for example, you've since fixed the underlying issue in a way that makes the original notice's terms unnecessary.
PopiGuard's Task Manager documents remediation as it happens, exactly the evidence needed to support a s.96 application to cancel or vary a notice.