PART 6

Enforcement

Complaints

Orders to progress complaints
166
1
This section applies where, after a data subject makes a complaint under section 165 or Article 77 of the UK GDPR, the Commissioner—
a
fails to take appropriate steps to respond to the complaint,
b
fails to provide the complainant with information about progress on the complaint, or of the outcome of the complaint, before the end of the period of 3 months beginning when the Commissioner received the complaint, or
c
if the Commissioner's consideration of the complaint is not concluded during that period, fails to provide the complainant with such information during a subsequent period of 3 months.
2
The Tribunal may, on an application by the data subject, make an order requiring the Commissioner—
a
to take appropriate steps to respond to the complaint, or
b
to inform the complainant of progress on the complaint, or of the outcome of the complaint, within a period specified in the order.
3
An order under subsection (2)(a) may require the Commissioner—
a
to take steps specified in the order;
b
to conclude an investigation, or take a specified step, within a period specified in the order.
4
Section 165(5) applies for the purposes of subsections (1)(a) and (2)(a) as it applies for the purposes of section 165(4)(a).
Words in s. 166(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. 67 (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. 166 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)