Data Protection Complaints (2018)
Article 77 of the Applied GDPR and Regulation 122 of the Implementing Regulations allow individuals to make a complaint to the Information Commissioner about a controller or processor if they consider that an infringement of the "data protection legislation" has occurred in connection with their personal data.
"Data protection legislation" includes the Applied GDPR, the Implementing Regulations and any further regulations made under them. (See regulation 5(1) of the Implementing Regulations for a full description)
You may make a complaint to the Commissioner if you consider that:
- the processing of your personal data has contravened the principles
- your rights have not been complied with
- the data protection legislation has been infringed in any other way
A complaint form, and further information on how to make a complaint, is available below.
Whilst in general, no fee can be charged for handling a complaint, the Commissioner can refuse to act or charge a reasonable fee based on administrative costs if complaints are manifestly unfounded or excessive.
The Commissioner is required to investigate the subject matter of complaints to the extent appropriate and inform the complainant of the progress and the outcome of the investigation within a 'reasonable period', in particular if further investigation or coordination with another supervisory authority outside the Island is required.
A data subject who has made a complaint to the Commissioner can make an application to the Data Protection Tribunal to seek an an order under Regulation 123 of the Implementing Regulations requiring the Commissioner to progress their complaint in certain circumstances.
|Find out more about how the Commissioner handles complaints|
Compensation and other remedies
The Commissioner cannot award compensation.
If you think that you have suffered damage, including financial loss, distress and any other adverse effect caused by the contravention or infringement of the data protection legislation, you have a right to seek compensation from the controller or processor via the court. Individuals also have other remedies. Click here for more information
It is recommended that you seek the advice of a Manx Advocate before commencing any court action.