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The Data Protection Tribunal

The Data Protection Tribunal's task is to consider matters submitted by controllers and individuals.  

Appeals by controllers

Controllers given any of the following can appeal to the Tribunal:

The Tribunal will review any determination of fact on which the decision or notice was based.  The Tribunal can support the Commissioner's decision, or overturn it and substitute whatever decision it thinks fit.

In doing so, it may also consider whether an order for costs should be made.

On questions of law there is a further appeal from the Tribunal to the High Court.

Applications by individuals 

An individual (data subject) can make an application to the Tribunal for an "Order to progress complaints" against the Commissioner.

Such an application can be made if the data subject has made a complaint to the Commissioner under Article 77 of the Applied GDPR and the Commissioner:

(a) fails to take appropriate steps to respond to the complaint;
(b) fails to provide the complainant with information about progress on the complaint, or of the outcome of the complaint, before the end of the period of 3 months beginning with the day on which the Information Commissioner received the complaint; or
(c) if the Information Commissioner's consideration of the complaint is not concluded during that period, fails to provide the complainant with such information during a subsequent period of 3 months.

The Tribunal can dismiss the application or require the Commissioner to take specified steps or conclude the investigation within a specified time.

In doing so, it may also consider whether an order for costs should be made.

On questions of law there is a further appeal from the Tribunal to the High Court.

 

The Tribunal can also consider certificates issued by the Chief Minister certifying the exemption of certain personal data from certain provisions of the Act.

Information about the Tribunal, including the Tribunal Rules, can be found on the courts website. If you have any queries about making an application to the Data Protection Tribunal you should contact the Secretary to the Tribunal.  (The Tribunal Rules continue to require updating to take account of the new appeals provided for in the data protection law.)