114G Appeals against transfer prohibition notice

(1)

An agency on whom a transfer prohibition notice is served may appeal to the Human Rights Review Tribunal—

(a)

against the whole or any part of the notice; or

(b)

if the notice contains a statement by the Commissioner in accordance with section 114D(5)(c), against the decision to include that statement in respect of all or any part of the notice; or

(c)

against the decision of the Commissioner to vary the notice in accordance with section 114E(1); or

(d)

against the refusal of an application under section 114E(2) to vary or cancel the notice.

(2)

An appeal under subsection (1) must be lodged,—

(a)

in the case of an appeal under subsection (1)(a) or (b), within 15 working days from the date on which the transfer prohibition notice was served on the agency concerned:

(b)

in the case of an appeal under subsection (1)(c) or (d), within 15 working days from the date on which notice of the decision or refusal was served on the agency concerned.

(3)

The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that—

(a)

the decision or notice against which the appeal is brought is not in accordance with the law; or

(b)

to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised his or her discretion differently.

(4)

The Tribunal may review any determination of fact on which the decision or notice in question was based.

(5)

On any appeal under subsection (1)(b), the Tribunal may—

(a)

direct—

(i)

that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or

(ii)

that the inclusion of the statement must not have effect in relation to any part of the notice; and

(b)

make any modifications required to give effect to that direction.

Compare: Data Protection Act 1998 ss 48, 49 (UK)

Section 114G: inserted, on 8 September 2010, by section 8 of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).