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Data Protection Act 2018

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Changes over time for: Paragraph 4

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Point in time view as at 31/12/2020.

Changes to legislation:

Data Protection Act 2018, Paragraph 4 is up to date with all changes known to be in force on or before 12 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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4(1)If the applicant makes a request in accordance with paragraph 3, an appeal panel must be established in accordance with this paragraph.U.K.

(2)An appeal panel must consist of a chair and at least two other members.

(3)Where the request relates to a decision of the Commissioner—

(a)the Secretary of State may appoint one person to be a member of the appeal panel other than the chair, and

(b)subject to paragraph (a), the Commissioner must appoint the members of the appeal panel.

(4)Where the request relates to a decision of the [F1UK national accreditation body]

(a)the Secretary of State—

(i)may appoint one person to be a member of the appeal panel other than the chair, or

(ii)may direct the Commissioner to appoint one person to be a member of the appeal panel other than the chair, and

(b)subject to paragraph (a), the chair of the [F1UK national accreditation body] must appoint the members of the appeal panel.

(5)A person may not be a member of an appeal panel if the person—

(a)has a commercial interest in the decision referred to the panel,

(b)has had any prior involvement in any matters relating to the decision, or

(c)is an employee or officer of the accreditation authority.

(6)The Commissioner may not be a member of an appeal panel to which a decision of the Commissioner is referred.

(7)The applicant may object to all or any of the members of the appeal panel appointed under sub-paragraph (3) or (4).

(8)If the applicant objects to a member of the appeal panel under sub-paragraph (7), the person who appointed that member must appoint a replacement.

(9)The applicant may not object to a member of the appeal panel appointed under sub-paragraph (8).

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