(1) In this section "assessable processing" means processing which is of a description specified in an order made by the Secretary of State as appearing to him to be particularly likely -
(a) to cause substantial damage or substantial distress to data subjects, or
(b) otherwise significantly to prejudice the rights and freedoms of data subjects.
(2) On receiving notification from any data controller under section 18 or under notification regulations made by virtue of section 20 the Commissioner shall consider -
(a) whether any of the processing to which the notification relates is assessable processing, and
(b) if so, whether the assessable processing is likely to comply with the provisions of this Act.
(3) Subject to subsection (4), the Commissioner shall, within the period of twenty-eight days beginning with the day on which he receives a notification which relates to assessable processing, give a notice to the data controller stating the extent to which the Commissioner is of t