The following section is inserted into the Act of 1988 after section 12:

"12A.

(1) This section applies to any processing that is of a prescribed description, being processing that appears to the Commissioner 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) The Commissioner, on receiving -

(a) an application under section 17 of this Act by a person to whom section 16 of this Act applies for registration in the register and any prescribed information and any other information that he or she may require, or

(b) a request from a data controller in that behalf,

shall consider and determine -

(i) whether any of the processing to which the application or request relates is processing to which this section applies,

(ii) if it does, whether the processing to which this section applies is likely to comply with the provisions of this Act.