Data Protection Appeal Panel and Data Protection Appeal Committees
48P.—(1) There is established a Data Protection Appeal Panel.[40/2020]
(2) The Minister must appoint the members of the Appeal Panel.[40/2020]
(3) The Chairperson of the Appeal Panel must be appointed by the Minister from among the members of the Appeal Panel.[40/2020]
(4) For the purpose of hearing any appeal under section 48Q, the Chairperson of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel.[40/2020]
(5) The Seventh Schedule has effect with respect to the Appeal Panel, Appeal Committees and their members and the proceedings of Appeal Committees, as the case may be.[40/2020]
—(1) There is established a Data Protection Appeal Panel.[40/2020]
(2) The Minister must appoint the members of the Appeal Panel.[40/2020]
(3) The Chairperson of the Appeal Panel must be appointed by the Minister from among the members of the Appeal Panel.[40/2020]
(4) For the purpose of hearing any appeal under section 48Q, the Chairperson of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel.[40/2020]
(5) The Seventh Schedule has effect with respect to the Appeal Panel, Appeal Committees and their members and the proceedings of Appeal Committees, as the case may be.[40/2020]
Appeal from direction or decision of Commission
48Q.—(1) An organisation or a person (including an individual who is a complainant) aggrieved by —(a)
any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4);
(b)
any direction or decision made by the Commission under section 48H(2); or
(c)
any decision made by the Commission under section 48N(6)(b),
may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against that direction or decision.
[40/2020]
(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed.[40/2020]
(3) Where an application for reconsideration has been made under section 48N, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn.[40/2020]
(4) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2).[40/2020]
(5) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may —(a)
remit the matter to the Commission;
(b)
impose or revoke, or vary the amount of, a financial penalty;
(c)
give any direction, or take any other step, that the Commission could itself have given or taken; or
(d)
make any other direction or decision that the Commission could itself have made.[40/2020]
(6) A direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there is to be no application for further reconsideration under section 48N and no further appeal under this section from the direction or decision of the Appeal Committee.[40/2020]
(7) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.[40/2020]
—(1) An organisation or a person (including an individual who is a complainant) aggrieved by —(a)
any direction made by the Commission under section 48G(2), 48I(1) or (2) or 48L(4);
(b)
any direction or decision made by the Commission under section 48H(2); or
(c)
any decision made by the Commission under section 48N(6)(b),
may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against that direction or decision.
[40/2020]
(2) An organisation or a person aggrieved by a financial penalty imposed by the Commission under section 48J(1) on the organisation or person may, within the prescribed period, appeal to the Chairperson of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed.[40/2020]
(3) Where an application for reconsideration has been made under section 48N, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn.[40/2020]
(4) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2).[40/2020]
(5) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may —(a)
remit the matter to the Commission;
(b)
impose or revoke, or vary the amount of, a financial penalty;
(c)
give any direction, or take any other step, that the Commission could itself have given or taken; or
(d)
make any other direction or decision that the Commission could itself have made.[40/2020]
(6) A direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there is to be no application for further reconsideration under section 48N and no further appeal under this section from the direction or decision of the Appeal Committee.[40/2020]
(7) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.[40/2020]
Appeals to General Division of High Court, etc.
48R.—(1) An appeal against, or with respect to, a direction or decision of an Appeal Committee lies to the General Division of the High Court —(a)
on a point of law arising from the direction or decision of the Appeal Committee; or
(b)
from any direction of the Appeal Committee as to the amount of a financial penalty.[40/2020]
(2) An appeal under this section may be made within the prescribed time only at the instance of —(a)
the organisation or person aggrieved by the direction or decision of the Appeal Committee;
(b)
if the decision relates to a complaint, the complainant; or
(c)
the Commission.[40/2020]
(3) The General Division of the High Court is to hear and determine any appeal under this section and may —(a)
confirm, modify or reverse the direction or decision of the Appeal Committee; and
(b)
make any further or other order on the appeal, whether as to costs or otherwise, as the General Division of the High Court thinks fit.[40/2020]
(4) There is such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2020]
—(1) An appeal against, or with respect to, a direction or decision of an Appeal Committee lies to the General Division of the High Court —(a)
on a point of law arising from the direction or decision of the Appeal Committee; or
(b)
from any direction of the Appeal Committee as to the amount of a financial penalty.[40/2020]
(2) An appeal under this section may be made within the prescribed time only at the instance of —(a)
the organisation or person aggrieved by the direction or decision of the Appeal Committee;
(b)
if the decision relates to a complaint, the complainant; or
(c)
the Commission.[40/2020]
(3) The General Division of the High Court is to hear and determine any appeal under this section and may —(a)
confirm, modify or reverse the direction or decision of the Appeal Committee; and
(b)
make any further or other order on the appeal, whether as to costs or otherwise, as the General Division of the High Court thinks fit.[40/2020]
(4) There is such further right of appeal from decisions of the General Division of the High Court under this section as exists in the case of decisions made by the General Division of the High Court in the exercise of its original civil jurisdiction.[40/2020]
