Data Protection Act 1998 (c. 29)

Part V U.K. Enforcement

Modifications etc. (not altering text)

C1 Pt. V applied (with modifications) (1.3.2000) by S.I. 1999/2093, reg. 36(1), Sch. 4

Pt. V applied (with modifications) (1.3.2000) by S.I. 2000/190, art. 5(2)

C2 Pt. V extended (with modifications) (11.12.2003) by The Privacy and Electronic Communications (EC Directive) Regulations 2003 (S.I. 2003/2426), reg. 31, Sch. 1 (with regs. 4, 15(3), 28, 29)

48 Rights of appeal. U.K.

(1) A person on whom an enforcement notice, an information notice or a special information notice has been served may appeal to the Tribunal against the notice.

(2) A person on whom an enforcement notice has been served may appeal to the Tribunal against the refusal of an application under section 41(2) for cancellation or variation of the notice.

(3) Where an enforcement notice, an information notice or a special information notice contains a statement by the Commissioner in accordance with section 40(8), 43(5) or 44(6) then, whether or not the person appeals against the notice, he may appeal against—

(a) the Commissioner’s decision to include the statement in the notice, or

(b) the effect of the inclusion of the statement as respects any part of the notice.

(4) A data controller in respect of whom a determination has been made under section 45 may appeal to the Tribunal against the determination.

(5) Schedule 6 has effect in relation to appeals under this section and the proceedings of the Tribunal in respect of any such appeal.