Data Protection Act 2018

108.

Complaints under Chapter 2: General

108. (1) Where a complaint is lodged with the Commission, the Commission shall, as soon as practicable, give the complainant concerned a notice in writing acknowledging the lodging of the complaint, and informing the complainant of—

(a) where the Commission is the competent supervisory authority in respect of the complaint, the complainant’s right under section 150(5) and (7), and

(b) where a supervisory authority other than the Commission is the competent supervisory authority in respect of the complaint, the complainant’s right to a judicial remedy against that competent supervisory authority where it does not—

(i) handle the complaint, or

(ii) inform the complainant within 3 months from the date on which the complaint is received by that authority on the progress or outcome of the complaint.

(2) Where the Commission is the competent supervisory authority in respect of a complaint, it shall—

(a) handle the complaint in accordance with this Part, and

(b) inform the complainant, within 3 months from the date on which the complaint is received by the Commission, on the progress or outcome of the complaint.

(3) For the purposes of subsection (2)(b), the Commission shall be taken to have informed a complainant of the outcome of the complaint concerned where it gives the complainant a notice under section 109(6) or, as the case may be, section 116 .