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(1) Where at any time it appears to the Commission that personal data

(a) is being processed in a manner inconsistent with the provisions of this Act, or

(b) is not being processed with a view to the publication by a person of a journalistic, literary or artistic material which has not previously been published by the data controller the Commission may make a determination in writing to that effect.

(2) The Commission shall give a notice of the determination to the data controller.