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BCS Exam PDP9 Topic 8 Question 17 Discussion

Actual exam question for BCS's PDP9 exam
Question #: 17
Topic #: 8
[All PDP9 Questions]

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

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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:

Ernest
4 months ago
Haha, can you imagine appealing to the European Commission for a data protection issue? That's like asking your grandma to help you beat the final boss in a video game.
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Gladis
4 months ago
D all the way! The European Commission is the top dog in the EU, so they should be the ones to hear this appeal. Stick it to the man, I say!
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Pansy
3 months ago
D) To the European Commission
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Virgie
3 months ago
C) To the European Data Protection Supervisor.
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Lyda
3 months ago
B) To the Information Commissioner
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Maile
3 months ago
A) To the First Tier Tribunal (Information Rights)
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Kris
4 months ago
I'm going with C. The European Data Protection Supervisor is the big boss of data protection, so they should have the final say, right?
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Lilli
2 months ago
C) To the European Data Protection Supervisor.
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Erinn
2 months ago
B) To the Information Commissioner
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Zona
2 months ago
A) To the First Tier Tribunal (Information Rights)
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Sophia
2 months ago
C) To the European Data Protection Supervisor.
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Lamonica
3 months ago
B) To the Information Commissioner
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Miles
3 months ago
A) To the First Tier Tribunal (Information Rights)
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Jesse
4 months ago
B is the answer, right? The Information Commissioner is the one who made the decision in the first place, so they're the ones who should hear the appeal.
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Myra
4 months ago
The First Tier Tribunal (Information Rights) seems like the logical choice here. I mean, who else would you appeal to if not the proper tribunal?
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Clorinda
4 months ago
Yes, it makes sense to appeal to the proper tribunal for data protection issues.
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Erin
4 months ago
I agree, the First Tier Tribunal (Information Rights) is the right place to appeal.
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Evan
4 months ago
I'm not sure, but I think option B) To the Information Commissioner could also be a valid choice, as they oversee data protection laws in the UK.
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Trinidad
4 months ago
I agree with Amina, because the First Tier Tribunal is an independent body that can review decisions made by the supervisory authority.
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Amina
5 months ago
I think the answer is A) To the First Tier Tribunal (Information Rights).
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