Page:Personal Data Protection Act 2012.pdf/30

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PERSONAL DATA PROTECTION
31


(b) affirm, revoke or vary the direction or decision as the Commission thinks fit; and
(c) notify the applicant in writing of the result of the reconsideration.

(5) There shall be no application for reconsideration of a decision made under subsection (4)(b).

Right of private action

32.—(1) Any person who suffers loss or damage directly as a result of a contravention of any provision in Part IV, V or VI by an organisation shall have a right of action for relief in civil proceedings in a court.

(2) If the Commission has made a decision under this Act in respect of a contravention specified in subsection (1), no action accruing under subsection (1) may be brought in respect of that contravention until after the decision has become final as a result of there being no further right of appeal.

(3) The court may grant to the plaintiff in an action under subsection (1) all or any of the following:

(a) relief by way of injunction or declaration;
(b) damages;
(c) such other relief as the court thinks fit.

PART VIII
APPEALS TO DATA PROTECTION APPEAL COMMITTEE, HIGH COURT AND COURT OF APPEAL

Data Protection Appeal Panel and Data Protection Appeal Committees

33.—(1) There shall be established a Data Protection Appeal Panel.

(2) The Minister shall appoint the members of the Appeal Panel.

(3) The Chairman of the Appeal Panel shall be appointed by the Minister from among the members of the Appeal Panel.