within which an appeal may be brought against the notice and, if the appeal is brought, the notice may not be complied with pending the determination or withdrawal of the appeal. (7) Despite subsection (6), the Commission may in exceptional circumstances order that the notice apply immediately. Cancellation of enforcement notice 76. The Commission may on its own motion or on an application made by a person on whom a notice is served, cancel or vary the notice to that person. Request for assessment 77. (1) A person who is affected by the processing of any personal data may on that person’s own behalf or on behalf of another person request the Commission to make an assessment as to whether the processing is in compliance with the provisions of this Act. (2) On receiving a request, the Commission may make an assessment in the manner that the Commission considers appropriate. (3) The Commission may consider the following in determining whether an assessment is appropriate: (a) the extent to which the request appears to the Commission to raise a matter of substance; (b) any undue delay in making the request; and (c) whether or not the person making the request is entitled to make an application in respect of the personal data in question. (4) The Commission shall not publish the report of any finding (a) the request is accompanied with the prescribed fee, or (b) the Commission waives payment based on proven pecuniary challenges of the applicant. (5) Where the Commission finds that the processing by a data controller is contrary to the provisions of this Act, the Commission shall issue an information notice to the data controller specifying the contravention, and give the data controller notice to cease processing personal data. Determination by the Commission 78. (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.

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