OpenLegislation

Section 162 Rights of appealI1

(1)

A person who is given any of the following notices may appeal to the Tribunal—

(a)

an information notice;

(b)

an assessment notice;

F1(ba)

an interview notice;

(c)

an enforcement notice;

(d)

a penalty notice;

(e)

a penalty variation notice.

(2)

A person who is given an enforcement notice may appeal to the Tribunal against the refusal of an application under section 153 for the cancellation or variation of the notice.

(3)

A person who is given a penalty notice or a penalty variation notice may appeal to the Tribunal against the amount of the penalty specified in the notice, whether or not the person appeals against the notice.

(4)

Where a determination is made under section 174 in respect of the processing of personal data, the controller or processor may appeal to the Tribunal against the determination.

Annotations

Textual amendments

F1

S. 162(1)(ba) inserted (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 100(7), 142(1); S.I. 2026/82, reg. 2(s)

Commencement

I1

S. 162 in force at 25.5.2018 by S.I. 2018/625, reg. 2(1)(f)

Notes on Part 6

Modifications

C1

Pt. 6 applied in part (with modifications) by S.I. 2016/696, Sch. 2 (as substituted (25.5.2018) by Data Protection Act 2018 (c. 12), s. 212(1), Sch. 19 para. 406 (with ss. 117, 209, 210); S.I. 2018/625, reg. 2(1)(g) (with reg. 4); and as amended (5.2.2026) by Data (Use and Access) Act 2025 (c. 18), ss. 105, 142(1); S.I. 2026/82, reg. 2(u); and (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 19(3)(c); S.I. 2026/1015, reg. 2(c))

C2

Pts. 5-7 applied in part (with modifications) (5.2.2026) by S.I. 2003/2426, reg. 31, Sch. 1 (as substituted by Data (Use and Access) Act 2025 (c. 18), ss. 115(5)(8), 142(1), Sch. 13; S.I. 2026/82, reg. 2(y)(z14) (with regs. 8-11) and as amended (30.9.2026) by S.I. 2026/386, reg. 1(2), Sch. 3 para. 6(3), (4)(j); S.I. 2026/1015, reg. 2(c))