PART 6

Enforcement

Complaints

Complaints by data subjects
165
1
Articles 57(1)(f) and (2) and 77 of the UK GDPR (data subject's right to lodge a complaint) confer rights on data subjects to complain to the Commissioner if the data subject considers that, in connection with personal data relating to him or her, there is an infringement of the UK GDPR.
2
A data subject may make a complaint to the Commissioner if the data subject considers that, in connection with personal data relating to him or her, there is an infringement of Part 3 or 4 of this Act.
3
The Commissioner must facilitate the making of complaints under subsection (2) by taking steps such as providing a complaint form which can be completed electronically and by other means.
4
If the Commissioner receives a complaint under subsection (2), the Commissioner must—
a
take appropriate steps to respond to the complaint,
b
inform the complainant of the outcome of the complaint,
c
inform the complainant of the rights under section 166, and
d
if asked to do so by the complainant, provide the complainant with further information about how to pursue the complaint.
5
The reference in subsection (4)(a) to taking appropriate steps in response to a complaint includes—
a
investigating the subject matter of the complaint, to the extent appropriate, and
b
informing the complainant about progress on the complaint, including about whether further investigation or co-ordination with a foreign designated authority is necessary.
6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7
In this section—
- “foreign designated authority” means an authority designated for the purposes of Article 13 of the Data Protection Convention by a party, other than the United Kingdom, which is bound by that Convention;
...
Word in s. 165(5)(b) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
S. 165(6) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 165(7) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Words in s. 165(1) substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(2) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)
Pt. 6 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4))
S. 165 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)