Page:Personal Data Protection Act 2012.pdf/31

32 (4) For the purpose of hearing any appeal under section 34, the Chairman of the Appeal Panel may nominate a Data Protection Appeal Committee comprising 3 or more members of the Appeal Panel.

(5) The Seventh Schedule shall have effect with respect to the Appeal Panel, Appeal Committees and their members and the proceedings of Appeal Committees, as the case may be.

Appeal from direction or decision of Commission

34.—(1) Any organisation or individual aggrieved by—
 * (a) any direction made by the Commission under section 27(2) or section 29(1) or (2);
 * (b) any direction or decision made by the Commission under section 28(2); or
 * (c) any decision made by the Commission under section 31(4)(b),

may, within 28 days after the issue of the direction or decision concerned, appeal to the Chairman of the Appeal Panel against that direction or decision.

(2) Where any application for reconsideration has been made under section 31, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration shall be deemed to be withdrawn.

(3) Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section shall not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal against the imposition of a financial penalty or the amount thereof.

(4) An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal, and, in particular, may—
 * (a) remit the matter to the Commission;
 * (b) impose or revoke, or vary the amount of, a financial penalty;