PART 6Enforcement

Complaints

166Orders to progress complaints

1

This section applies where, after a data subject makes a complaint under section 165 or Article 77 of the GDPR, 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 when the Commissioner received the complaint, or

c

if the 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.

2

The Tribunal may, on an application by the data subject, make an order requiring the Commissioner—

a

to take appropriate steps to respond to the complaint, or

b

to inform the complainant of progress on the complaint, or of the outcome of the complaint, within a period specified in the order.

3

An order under subsection (2)(a) may require the Commissioner—

a

to take steps specified in the order;

b

to conclude an investigation, or take a specified step, within a period specified in the order.

4

Section 165(5) applies for the purposes of subsections (1)(a) and (2)(a) as it applies for the purposes of section 165(4)(a).