New regulations on appeals under the Personal Data Protection Act 2012
28 Jan 2015
This update discusses recent amendments to the Seventh Schedule of the Personal Data Protection Act 2012 (“PDPA”) as well as the new Personal Data Protection (Appeal) Regulations 2015 (“Appeal Regulations”).
The Seventh Schedule of the Personal Data Protection Act 2012 provides for the constitution and proceedings of the Data Protection Appeal Panel (“Appeal Panel”) and Data Protection Appeal Committees (“Appeal Committees”). The amendments introduce new rules pertaining to the Secretary of the Appeal Panel and the constitution and proceedings of Appeal Committees.
The Appeal Regulations sets out the procedures for appeals made under Section 34(1) of the PDPA, including:
- the manner in which an appeal is to be brought in respect of an appealable decision (which refers to specific decisions or directions by the Personal Data Protection Commission (“PDPC”) under the PDPA);
- the form and content of the Response by the PDPC and co-respondent(s) concerned in the appeal, following service of the appellant’s Notice of Appeal;
- the form and content of the Reply by the appellant to such Response by the PDPC and co-respondent(s) concerned in the appeal; and
- the hearing and case management of appeals by an Appeal Committee.
To read the update, please click here.