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BCS Exam PDP9 Topic 10 Question 10 Discussion

Actual exam question for BCS's PDP9 exam
Question #: 10
Topic #: 10
[All PDP9 Questions]

If a complainant disagrees with the decision of the UK's supervisory authority, how do they appeal this decision?

Show Suggested Answer Hide Answer
Suggested Answer: A

If a complainant disagrees with the decision of the UK's supervisory authority, which is the Information Commissioner's Office (ICO), they have the right to appeal to the First Tier Tribunal (Information Rights). The tribunal is an independent body that can review the ICO's decision and either uphold it, vary it or cancel it. The tribunal can also direct the ICO to take certain actions, such as issuing a decision notice or an enforcement notice. The appeal must be lodged within 28 days of receiving the ICO's decision, using the notice of appeal form and providing the relevant documents and grounds for appeal. The tribunal will then notify the ICO and the complainant of the appeal and the procedure for dealing with it. The tribunal may hold a hearing to examine the evidence and arguments of both parties, or decide the case on the basis of written submissions only. The tribunal will issue a written decision, which will be sent to both parties and published on the tribunal's website. The tribunal's decision can be further appealed to the Upper Tribunal on a point of law, with the permission of the First Tier Tribunal or the Upper Tribunal.Reference:

Information rights and data protection: appeal against the Information Commissioner1

Notice of appeal form2

First Tier Tribunal (Information Rights) website3


Contribute your Thoughts:

Myong
5 months ago
I see your point, Gregg, but I still think A is the best choice.
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Gregg
5 months ago
I'm not so sure, I think it might be B) To the Information Commissioner.
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Jose
5 months ago
I agree with Myong, appealing to the First Tier Tribunal seems like the right step.
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Myong
5 months ago
I think the answer is A) To the First Tier Tribunal (Information Rights).
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Mozelle
5 months ago
I think Titus is right. The Tribunal is an independent body that can review the decision.
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Titus
5 months ago
Lawrence, it's possible but the Tribunal is usually the next step after disagreeing with the supervisory authority.
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Lawrence
6 months ago
But what about option B) To the Information Commissioner? Isn't that a valid choice too?
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Mozelle
6 months ago
I agree with Titus, the First Tier Tribunal is the right place to appeal.
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Titus
7 months ago
I think the answer is A) To the First Tier Tribunal (Information Rights).
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