WHAT THE TRIBUNAL APPEALS?
Hear appeals filed by someone who is not satisfied with the decision of the Commissioner under the PDP as follows: –
- User registration data under Division 2 of Part II;
- Commissioner’s refusal to sign a code of practice under subsection 23 (5);
- Failure to comply with the request data users to access data or data correction request under Division 4 of Part II;
- Production enforcement notice under section 108;
- Commissioner’s refusal to change or terminate an enforcement notice under section 109; and
- The refusal of the Commissioner to carry out or continue an investigation based on a complaint under Part VIII
If the data is not satisfied with the decision of the Appeal Tribunal, what action can be done next?
User data may request a judicial review (review Juician) by the court.
WHAT POWERS OF THE TRIBUNAL APPEALS?
The powers of the Appeals Tribunal are: –
- Summon the parties to the proceedings or any other person to appear before him to memneri evidence in respect of an appeal;
- Procure and receive evidence on oath or affirmation, whether written or oral, and to examine all such persons as witnesses as deemed necessary by the Appeal Tribunal.
- If a person is so summoned, to require the production of any generic, document or other thing in his possession or under its controls deemed necessary by the Appeal Tribunal for the purpose of the appeal;
- To operate any oath, affirmation or statutory declaration, as the case requires;
- If such a person is called to allow the payment for any reasonable expenses incurred berkaitam in his presence;
- To accept or reject the evidence adduced evidence or documents, and whether or not admissible under the provisions of any written law relating to the admissibility of evidence;
- Adjourn the hearing of an appeal from time to time, including the power to suspend for balancing decision; and
- Generally to direct and do all the things or expedient to accelerate the appeal.