§ 48H — Power to review

48H.—(1) On the application of a complainant, the Commission may review —(a)

a refusal by an organisation to provide access to personal data or other information requested by the complainant under section 21, or the organisation’s failure to provide that access within a reasonable time;

(b)

a refusal by an organisation to correct personal data in accordance with a request by the complainant under section 22, or the organisation’s failure to make the correction within a reasonable time;

(c)

a refusal by a porting organisation to transmit any applicable data pursuant to a data porting request under section 26H, or the porting organisation’s failure to transmit the applicable data within a reasonable time;

(d)

a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or

(e)

a fee required from the complainant or a receiving organisation by a porting organisation in relation to a data porting request by the complainant under section 26H.[40/2020]

(2) Upon completion of its review under subsection (1), the Commission may —(a)

confirm the refusal to provide access to the personal data or other information, or direct the organisation to provide access to the personal data or other information within the time specified by the Commission;

(b)

confirm the refusal to correct the personal data, or direct the organisation to correct the personal data in the manner and within the time specified by the Commission;

(c)

confirm the refusal to transmit the applicable data, or direct the porting organisation to transmit the applicable data in the manner and within the time specified by the Commission; or

(d)

confirm, reduce or disallow a fee, or direct the organisation or porting organisation (as the case may be) to make a refund to the complainant or receiving organisation, as the case may be.[40/2020]

—(1) On the application of a complainant, the Commission may review —(a)

a refusal by an organisation to provide access to personal data or other information requested by the complainant under section 21, or the organisation’s failure to provide that access within a reasonable time;

(b)

a refusal by an organisation to correct personal data in accordance with a request by the complainant under section 22, or the organisation’s failure to make the correction within a reasonable time;

(c)

a refusal by a porting organisation to transmit any applicable data pursuant to a data porting request under section 26H, or the porting organisation’s failure to transmit the applicable data within a reasonable time;

(d)

a fee required from the complainant by an organisation in relation to a request by the complainant under section 21 or 22; or

(e)

a fee required from the complainant or a receiving organisation by a porting organisation in relation to a data porting request by the complainant under section 26H.[40/2020]

(2) Upon completion of its review under subsection (1), the Commission may —(a)

confirm the refusal to provide access to the personal data or other information, or direct the organisation to provide access to the personal data or other information within the time specified by the Commission;

(b)

confirm the refusal to correct the personal data, or direct the organisation to correct the personal data in the manner and within the time specified by the Commission;

(c)

confirm the refusal to transmit the applicable data, or direct the porting organisation to transmit the applicable data in the manner and within the time specified by the Commission; or

(d)

confirm, reduce or disallow a fee, or direct the organisation or porting organisation (as the case may be) to make a refund to the complainant or receiving organisation, as the case may be.[40/2020]