If you are concerned that your data protection rights have not been respected and have not managed to resolve the matter with the organisation involved, you can make a complaint to us.
Individuals are at the heart of data protection legislation. The Law contains legal rights and responsibilities and specifically aims to strengthen individuals’ rights.
In addition to your 10 rights, local entities who decide how your personal data is used must adhere to these seven principles outlined in our local data protection legislation.
If you feel your rights (or someone else’s) are not being respected, in the first instance this is what you need to do:
1. Contact the entity
1. Contact the entity
Contact the entity (the organisation or person) who you think may be misusing personal data, in writing, and explain to them which of your 10 rights you want to exercise, where appropriate. Make sure you keep a copy of your letter. Remember that whilst you can make this request – they may be able to refuse it whilst still acting within the Law (by relying on exemptions) but they should tell you their reasons for refusing. In this circumstance we can assist you in understanding why, and whether there are other legal routes open to you.
2. If you do not receive a response to your letter within 1 month
2. If you do not receive a response to your letter within 1 month
If you do not receive a response to your letter within 1 month, chase them up. If they still don’t respond we can chase them for a response, where appropriate, and highlight their legal responsibilities.
3. If you receive a response that you are happy with
3. If you receive a response that you are happy with
If you receive a response that you are happy with, no further action is needed from any party.
4. If you are not satisfied with the response
4. If you are not satisfied with the response
If you are not satisfied with the response and you are able to:
- Provide evidence of your concerns, and
- Provide evidence that you have sought to resolve this with the entity directly,
You can lodge a formal complaint with us.
The act of lodging a complaint enables us to conduct an investigation under Section 68 of our local data protection law using our powers as defined in Schedule 7, where needed. If you have evidence that you’ve already raised your concern and you’re not happy with the response, we may be able to help you.
We understand that behind every complaint is a person
A simple, clear complaint helps us to understand your concerns more quickly and reduces delays in the complaints process. Please follow the guidance below to help us assess your complaint efficiently.
Clarity over length
Tell us what happened. Short, clear complaints help us identify the key facts quickly and assess your concerns more efficiently. We may ask you for a brief summary if your complaint is too lengthy or complex as this will slow down the process.
Keep it simple – tell us the facts
A good complaint includes – what happened, when it happened, who was involved, what you have already done to resolve it, how it has impacted you and what outcome you are seeking.
NB: please remember to include an outcome when you complete the form. If you do not, we will need to contact you for this information.
You don’t need to include legal language – we need your story
Please explain what happened in your own words. There is no need to quote legislation or use technical terms – a clear account of the facts will help us understand your concerns and consider how the law applies.