Orders to progress complaints
Regulation 123 of the Implementing Regulations gives data subjects who have lodged a complaint with the Information Commissioner the right to make an application to the Data Protection Tribunal to seek an order to progress the complaint if the Information Commissioner:
- fails to take appropriate steps to respond to the complaint
- fails to provide the complainant with information about progress on the complaint, or of the outcome, before the end of the period of 3 months beginning with the day on which the complaint was received; or
- if the 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.
The Data Protection Tribunal may make an order requiring the Information Commissioner to:
- take appropriate steps to respond to the complainant; or
- to conclude the investigation, or take a specified step, within a period specified in the order.
The Data Protection Tribunal is not empowered to reconsider the outcome of a complaint.
It is recommended that you seek advice from a Manx Advocate prior to commencing any action.