(Appeals) (Jersey) Regulations 2006
THE STATES, in pursuance of
Articles 28, 48 and 67 of the Data Protection (Jersey) Law 2005, have made the following
In these Regulations –
“Law” means the Data
Protection (Jersey) Law 2005;
when used in a particular Regulation, means an employee of the States made
available by the Chief Minister to perform the duties of a responsible officer
under that Regulation.
These Regulations apply to appeals to the Data Protection Tribunal
under Article 48 of the Law.
appeal is brought by a notice in writing.
notice shall state –
appellant’s name and address;
grounds of appeal;
or not the appellant is likely to wish a hearing to be held; and
or her address for service.
the appeal is not brought within the period specified in Regulation 4(1),
the notice of appeal shall also state any grounds on which the appellant relies
for the extension of the period under paragraph (2) of that Regulation.
the appeal is brought under Article 48(1) of the Law in relation to an
information notice, and the appellant wishes to make any representations as to
why Regulation 13(2) should not apply, the notice of appeal shall also
contain a statement setting out those representations.
notice of appeal may include a request for an early hearing, and the reasons
for the request.
appeal is brought when the notice of appeal is delivered to the Tribunal.
the notice of appeal is delivered to the Tribunal, the responsible officer
shall send to the appellant a written acknowledgment of receipt.
period within which an appeal can be brought is the period of 28 days
after the appellant is served with notice of the issue to which the appeal
the Tribunal may extend the period if it thinks fit.
to be given copy of notice of appeal
a notice of appeal has been delivered to the Tribunal, the responsible officer
shall send a copy of the notice to the Commissioner.
paragraph (1) does not apply to an appeal under Article 48(3) of the
Law unless the Tribunal is of the opinion that the interests of justice require
the Commissioner to assist the Tribunal by giving evidence or being heard.
the Tribunal is of that opinion –
responsible officer shall send a copy of the notice of appeal to the
president or a vice-president of the Tribunal shall not exercise ex parte the jurisdiction to which paragraph 4
of Schedule 6 to the Law refers.
the Commissioner is given a copy of a notice of appeal, he or she shall within
21 days –
to the Tribunal a copy of the notice, served by the Commissioner, to which the
to the Tribunal a written reply, acknowledging receipt of the notice of appeal
by the Commissioner and stating whether or not the Commissioner intends to
oppose the appeal;
the Commissioner intends to oppose the appeal, include in the reply a statement
of the grounds on which the Commissioner relies in opposing the appeal; and
a copy of the reply on the appellant.
the Commissioner applies to the Tribunal before the expiry of the period
specified in paragraph (1) for an extension of that period, the Tribunal
may extend the period if it thinks fit.
the notice of appeal states that the appellant is not likely to wish a hearing
to be held, the Commissioner’s reply shall state whether or not the
Commissioner considers that a hearing is likely to be desirable.
the appeal is brought under Article 48(1) of the Law in relation to an
information notice, and the Commissioner wishes to make any representations as
to why Regulation 13(2) should not apply, the notice of appeal shall also
contain a statement setting out those representations.
reply may include a request for an early hearing, and the reasons for the
to strike out appeal
Commissioner’s reply to a notice of appeal may include an application for
the appeal to be struck out on any of the following grounds –
an appeal does not lie to the Tribunal;
the Tribunal cannot entertain the appeal; or
the notice of appeal does not disclose any reasonable ground of appeal.
application for an appeal to be struck out may be heard as a preliminary issue
or during the hearing of the substantive appeal.
this Regulation does not apply to an appeal under Article 48(3) of the
of notice of appeal or reply
appellant may amend his or her notice of appeal with the leave of the Tribunal.
amended notice of appeal may include supplementary grounds of appeal, but this
paragraph does not limit the generality of paragraph (1).
(3) Regulations 3(7)
and 5 apply to an amended notice of appeal as they apply to a notice of appeal.
the Commissioner is given an amended notice of appeal, he or she may within
21 days send an amended written reply to the Tribunal and serve a copy of
the amended reply on the appellant.
(5) Regulation 6(2)
applies to paragraph (4) of this Regulation as it applies to
paragraph (1) of that Regulation.
Commissioner may in any event amend his or her reply with the leave of the
the Commissioner amends his or her reply under paragraph (6), the
amendment does not have effect until it is delivered to the Tribunal and a copy
of it is served on the appellant.
appellant may at any time withdraw his or her appeal, by delivering notice in writing
to that effect to the Tribunal and serving a copy of the notice on each other
appellant who withdraws an appeal cannot bring a fresh appeal on the same issue
without the leave of the Tribunal.
Tribunal may give directions to enable the parties to prepare for the hearing
of any appeal or to assist the Tribunal to determine any issue. It may do so on
the application of a party, or of its own motion.
may relate to any of the following things –
consolidation or hearing together of 2 or more appeals;
determination of any preliminary issue;
holding of a pre-hearing review;
exchange between parties of lists of documents;
inspection by parties of documents so listed;
exchange between parties of statements of evidence;
provision by the parties, to the Tribunal, of statements or lists of agreed
provision by parties, to the Tribunal and to other parties, of statements or
summaries of facts and of evidence to be adduced at the hearing, lists of
witnesses, summaries of arguments, lists of authorities and chronologies of
of the time needed for the hearing;
limiting of the time to be allowed for the examination and cross-examination of
witnesses, and the length of oral submissions; and
limiting of the number of expert witness who may be called.
(2) does not limit the generality of paragraph (1).
Tribunal may, by notice in writing signed by any member of the Tribunal, summon
a person –
attend and give evidence before it at the hearing of an appeal; and
produce to it any documents in the person’s custody or control that
relate to the subject matter of the appeal.
a person is not obliged to comply with a summons under paragraph (1) unless
he or she is given at least 7 days’ notice of the hearing.
Tribunal may require a person to give evidence on oath or under affirmation,
and for that purpose any member of the Tribunal may administer an oath or take
person who, without lawful excuse –
to comply with a requirement made by the Tribunal under paragraph (1); or
being required to do so under paragraph (3), refuses to take an oath or
make an affirmation, or to give evidence,
shall be guilty of an offence and liable to a fine not exceeding
level 2 on the standard scale.
person giving evidence (on oath or otherwise), or appearing before the Tribunal
has the same privileges and immunities as if he or she were giving evidence in
or appearing before a court of law.
person who is required under paragraph (1) to attend and give evidence
before the Tribunal, or to produce a document to it, shall be entitled to be
reimbursed for his or her reasonable expenses in doing so.
the person is required by the Tribunal to attend at the request of a party to
the appeal, those expenses shall be a debt due to the person by that party.
of appeal without hearing
either of the circumstances described in paragraph (2), the Tribunal may
determine an appeal or any particular issue in an appeal without a hearing.
circumstances to which paragraph (1) refers are –
the parties agree in writing that there need not be a hearing; or
it appears to the Tribunal that the issues raised on the appeal have been
determined on a previous appeal by the appellant, and the conditions in
paragraph (3) are fulfilled.
conditions are –
it appears to the Tribunal that the issues were so determined, in the previous
appeal, on the basis of facts that do not differ materially from those to which
the later appeal relates; and
Tribunal has given the parties to the later hearing an opportunity to be heard
as to whether or not there should be a hearing.
against information notices
hearing relating to an appeal under Article 48(1) of the Law in respect of
an information notice shall be heard and determined by the president of the
Tribunal sitting alone.
paragraph (1) does not apply if it appears to the president, after taking
into account any representations made under Regulation 3(4) and any
representations made under Regulation 6(4), that it is necessary in the
interests of justice to have a hearing or determination by the Tribunal as
constituted in accordance with paragraph 2 of Schedule 6 to the Law.
any hearing by the Tribunal, a party may conduct his or her case in person, or
may appear and be represented by any person appointed by the party for the
(2) Paragraph (1)
does not preclude a party from being present at a hearing when he or she has
appointed someone to appear on his or her behalf.
a party fails to appear at a hearing, the Tribunal may –
(a) if the
party concerned is the appellant, dismiss the appeal;
any case, proceed to hear and determine the appeal, or any particular issue in
the appeal, in that party’s absence; and
any case, make such order as to costs as it thinks fit.
paragraph (1) does not apply where the party who fails to
not been given adequate notice of the time and place of the hearing; or
before the hearing given the Tribunal sufficient reason for his or her failure
proceedings in an appeal shall be held in public, unless the Tribunal directs
otherwise under paragraph (2).
Tribunal may direct that all or any of the proceedings in an appeal shall be
held in private, if the Tribunal considers that such a direction is
safeguard the privacy of data subjects;
safeguard commercially sensitive information; or
the public interest.
Tribunal may grant leave to any person to be present at any proceedings in an
appeal that are being or are to be held in private.
On an appeal (other than an appeal under Article 48(3) of the
Law), it is for the Commissioner to prove that the appeal should be dismissed.
the Tribunal has determined an appeal, the member presiding shall certify in
writing that it has done so, and shall sign and date the certificate.
certificate shall include –
material finding of fact; and
reasons for the decision.
responsible officer shall as soon as reasonably practicable send a copy of the
certificate to each party.
Tribunal shall publish its determination.
doing so, the Tribunal shall have regard to the desirability of –
the privacy of data subjects;
commercially sensitive information; and
in the public interest, any details of the determination.
the purposes of paragraph (5), the Tribunal may in publishing a
determination edit the text.
an appeal, the Tribunal may make any of the following orders as to
the Tribunal thinks that an appeal is manifestly unreasonable, an order that
the appellant pay the costs of any other party;
the Tribunal thinks that the decision of the Commissioner to which the appeal
relates is manifestly unreasonable, an order that the Commissioner pay the
costs of the appellant; and
the Tribunal thinks that any party has been responsible for frivolous,
vexatious, improper or unreasonable action, or for any failure to comply with a
direction by the Tribunal or for any avoidable delay, an order that that party
pay the costs of any other party.
order for costs may relate to all or some of a party’s costs.
(3) An order
for costs under these Regulations is taxable and enforceable as an order for
costs in a civil action in the Magistrate’s Court.
notice or other document may be delivered or given to a body or person, or served
on a body or person, under these Regulations –
the body is the Tribunal, by delivering it to the responsible officer;
the person is the Commissioner, by delivering it to his or her office; and
the person is the appellant or any other party, by delivering it to that person
personally or at his or her address for service.
may be effected personally or by being sent by post in a registered letter or
by the recorded delivery service.
These Regulations may be cited as the Data Protection (Appeals)
(Jersey) Regulations 2006.