Data Protection Act 2018

Data subject may lodge complaint with Commission

119. (1) Without prejudice to any other remedy available to him or her, and subject to section 120 , a data subject who considers that processing of his or her personal data infringes a relevant provision, or provisions adopted by another Member State giving effect to a right to the data subject under the Directive, may lodge a complaint with the Commission.

(2) (a) Without prejudice to the right of a data subject under subsection (1), the Commission may specify the form of a complaint lodged under that subsection.

(b) When specifying a form under paragraph (a), the Commission shall, without excluding other means of communication, ensure that the form is capable of being completed electronically.

(3) The Commission, where it is not the competent supervisory authority in respect of a complaint lodged with it under subsection (1), shall—

(a) without undue delay, transmit the complaint to the competent supervisory authority, and

(b) inform the data subject of the transmission of the complaint.

(4) Where a complaint is transmitted to the Commission in accordance with the law of a Member State giving effect to Article 52(2) of the Directive, the complaint shall, for the purposes of this Part, be deemed to be a complaint lodged, on the date on which the complaint is received by the Commission, with the Commission in accordance with subsection (1).