(This note is not part of the Rules)
These Rules, which have been prepared after consultation with the Council on Tribunals regulate the exercise of the rights of appeal against decisions of the Data Protection Commissioner conferred by section 48 of the Data Protection Act 1998 and the practice and procedure of the Data Protection Tribunal in such cases.
Rule 3 requires an appeal to be made by notice of appeal served on the Tribunal, stating the grounds of appeal and other specified particulars, with provision for including a request with reasons for an early hearing. An appeal against an information notice may also include representations against a hearing by the chairman or deputy sitting alone. The notice must, under rule 4, be served within 28 days of the date on which the Commissioner’s decision was served on the appellant, but in special circumstances appeals may be accepted out of time. Rule 5 provides for acknowledgment of the notice of appeal, and for service of a copy on the Commissioner except in the case of certain appeals to be heard ex parte. Rule 6 provides for a reply by the Commissioner.
Rule 7 allows the Commissioner to apply for an appeal to be struck out in limited circumstances. Rule 8 provides for the parties to amend their pleadings, in some cases with leave only, and rule 9 makes provision in respect of the withdrawal of an appeal. Provision is made as to the consolidation of appeals (rule 10).
Rule 11 provides for the giving of directions by the Tribunal, of its own motion or on the application of a party; this power may be exercised in the absence of the parties, and any party may apply to set aside or vary directions. Provision is made by rule 12 for the ordering of persons in occupation of premises to permit entry for the testing of equipment or material connected with the processing of personal data.
The Tribunal must as a general rule proceed by way of a hearing but in certain circumstances it may determine an appeal without a hearing (rule 13). Provision is made as to the appointment of time and place of a hearing (rule 14), summoning of witnesses to attend a hearing (rule 15), representation at a hearing (rule 16) and default of appearance at a hearing (rule 17). Rule 18 makes provision for the constitution of the Tribunal for hearing certain appeals against an information notice.
Hearings by the Tribunal must generally be in public, but special provision is made for private hearings in limited circumstances (rule 19). The Rules include provision as to the conduct of proceedings at a hearing (rule 20), powers of the chairman to act for the Tribunal (rule 21), evidence (rule 23), the determination of appeals (rule 24) and costs (rule 25). In all proceedings other than those relating to the inclusion of a statement of urgency in a Commissioner’s notice, the onus is placed on the Commissioner of satisfying the Tribunal that his decision should be upheld (rule 22).
These Rules contribute to the implementation of Directive 95/46/EC on the protection of individuals with regard to the processing of personal data and on the free movement of such data.