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BCS Exam PDP9 Topic 4 Question 19 Discussion
Topic #: 4
If a complainant disagrees with the decision of the UK's supervisory authority, how do they appeal this decision?
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
First Tier Tribunal (Information Rights) website3
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