Legislation – Data Protection Act 2018

“61Appeal proceedings

(1)

Tribunal Procedure Rules may make provision for regulating the exercise of rights of appeal conferred by sections 57(1) and (2) and 60(1) and (4).

(2)

In relation to appeals under those provisions, Tribunal Procedure Rules may make provision about—

(a)

securing the production of material used for the processing of personal data, and

(b)

the inspection, examination, operation and testing of equipment or material used in connection with the processing of personal data.

(3)

Subsection (4) applies where—

(a)

a person does something, or fails to do something, in relation to proceedings before the First-tier Tribunal on an appeal under those provisions, and

(b)

if those proceedings were proceedings before a court having power to commit for contempt, the act or omission would constitute contempt of court.

(4)

The First-tier Tribunal may certify the offence to the Upper Tribunal.

(5)

Where an offence is certified under subsection (4), the Upper Tribunal may—

(a)

inquire into the matter, and

(b)

deal with the person charged with the offence in any manner in which it could deal with the person if the offence had been committed in relation to the Upper Tribunal.

(6)

Before exercising the power under subsection (5)(b), the Upper Tribunal must—

(a)

hear any witness who may be produced against or on behalf of the person charged with the offence, and

(b)

hear any statement that may be offered in defence.

(7)

In this section, “personal data” and “processing” have the same meaning as in Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2), (4) and (14) of that Act).”