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Personal Data Protection Act 2010 [Act 709]

93 Appeal to Appeal Tribunal   cite [+]

(1) Any person who is aggrieved by the decision of the Commissioner under this Act relating to matters, including-

(a) the registration of a data user under Division 2 of Part II;

(b) the refusal of the Commissioner to register a code of practice under subsection 23(5);

(c) the failure of the data user to comply with a data access request or data correction request under Division 4 of Part II;

(d) the issuance of an enforcement notice under section 108;

(e) the refusal of the Commissioner to vary or revoke an enforcement notice under section 109; and

(f) the refusal of the Commissioner to carry out or continue an investigation initiated by a complaint under Part VIII,


may appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal.

(2) The notice of appeal shall be made in writing to the Appeal Tribunal within thirty days from the date of the decision of the Commissioner, or in the case of an enforcement notice, within thirty days after the enforcement notice is served upon the relevant data user, and the appellant shall serve a copy of the notice of appeal upon the Commissioner.

(3) The notice of appeal shall state briefly the substance of the decision of the Commissioner against which an appeal is filed with the Appeal Tribunal, contain an address at which any notice or document connected with the appeal may be served upon the appellant or his advocate, and shall be signed by the appellant or his advocate.

94 Record of decision of Commissioner   cite [+]

(1) The aggrieved person referred to in subsection 93(1) may, on his own initiative, request in writing from the Commissioner a statement of the grounds for his decision.

(2) Subject to subsection (3), the Commissioner shall, upon receiving the written request under subsection (1), provide to the aggrieved person, upon the payment of a prescribed fee, a copy of a statement of the grounds for his decision.

(3) Where a notice of appeal has been filed with the Appeal Tribunal under subsection 93(1), the Commissioner shall, if he has not already written the grounds for his decision in respect of the matter stated in the notice under subsection 93(1), record in writing the grounds for his decision, and the written grounds shall form part of the record of proceedings before the Appeal Tribunal.

95 Stay of decision pending appeal   cite [+]

(1) A decision of the Commissioner shall be valid, binding and enforceable pending the decision of an appeal by the Appeal Tribunal, except where an appeal against an enforcement notice has been made to the Appeal Tribunal in accordance with subsection 93(2), or a stay of the decision of the Commissioner has been applied for under subsection (2) and granted by the Appeal Tribunal.

(2) An aggrieved person may apply in writing to the Appeal Tribunal for a stay of the decision of the Commissioner on or after the notice of appeal has been filed with the Appeal Tribunal.

96 Composition of Appeal Tribunal   cite [+]

(1) Every proceeding of the Appeal Tribunal shall be heard and disposed of by three members or such greater uneven number of members of the Appeal Tribunal as the Chairman may in any particular case determine.

(2) In the absence of the Chairman, the senior member of the Appeal Tribunal shall preside.

97 Sitting of Appeal Tribunal   cite [+]

(1) The Appeal Tribunal shall sit on such dates and at such places as the Chairman may appoint.

(2) The Chairman may cancel or postpone any sitting of the Appeal Tribunal or change the place of the sitting which has been appointed under subsection (1).

(3) The Secretary to the Appeal Tribunal shall by written notice inform the parties to the appeal of any change to the date or place of any sitting of the Appeal Tribunal.

98 Procedure of Appeal Tribunal   cite [+]

The Appeal Tribunal may regulate its own procedure.

99 Decision of Appeal Tribunal   cite [+]

(1) The decision of the Appeal Tribunal on any matter shall be decided on a majority of members of the Appeal Tribunal.

(2) A decision of the Appeal Tribunal shall be final and binding on the parties to the appeal.

100 Enforcement of decision of Appeal Tribunal   cite [+]

A decision given by the Appeal Tribunal may, by leave of the Sessions Court, be enforced in the same manner as a judgment or order to the same effect, and where leave is so given, judgment may be entered in terms of the decision.


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