Data Protection Act (Cap. 586), article 25

25. (1) There shall be a Registry of the Tribunal and all records shall be filed therein a nd made accessible to the publi c. (2) The Secretary to the Tribunal shall be responsible for managing the Registry. The Secretary shall also perform any oth er duty which may be incumbent upon him under this Act or any rule s made thereunder. Procedure. 26. (1) Any person to whom a legally binding decision of the Commissioner is addressed, shall have the right to appea l in writing to the Tribunal within twenty days from the service of the said decision as provi ded in article 23. (2) An appeal to the Tribunal may be made on any of the following grounds: (a) that a material error as to the facts has been made; (b) that there was a material procedural error; (c) that an error of law has been made; (d) that there was some mat erial illegality, including unreasonableness or lack of proportionality. DATA PROTECTION [CAP. 586. 15 (3) An appeal from a decision of the Commissioner shall be filed in the Registry of the Tribunal and shall contain: (a) the grounds on which such appeal is based; (b) the names of the witnesses the appellant intends to produce in evidence, together with their full address, stati ng i n r e s p e c t o f e a c h o f t h e m t h e f a c t s a n d p r o o f h e i n t e n d s t o establish by their evidence; and (c) any other documents as may be necessary in support of the appeal. (4) The Registry of the Tribunal shall, no later than ten days from the date of filing of the appeal: (a) serve a copy of the appeal on the Commissioner, and request him to file a statement on his decision together with any other information on which such decision was based, within twenty days from the date when the appeal was served; and (b) serve a copy of the appeal on the respondent or respondents to the appealed decision, and request the respondent or respondents to file a reply within twenty days of service of the appeal. (5) The respondent or respondents shall file their reply to the appeal in the Registry of the Tribunal within twenty days o f service of the appeal. Su ch reply shall contain: (a) a statement of the facts upon which the respondent bases his rebutta l of the appellant’s claim; (b) the names of the witn esses the respondent intends to produce in evidence, together with their full addres s, stating, in respect of each of them, the facts and proof he intends to establish by their evidence; and (c) any other documents as may be necessary in support of the defence. (6) The reply, together with any documents in support thereof, shall be served without delay on the appellant and on the Commissioner by the Tribunal. (7) Upon the expiry of the time-limits for filing the Commissioner’s statement and the reply, the Tribunal shall fix a date and time for the hearing. The Tribunal shall notify such date a nd time to the appellant, the respondent o r respondents to the appealed decision and to the Commissioner. 16 [CAP. 586. DATA PROTECTION (8) The parties to an appeal may be represented or assisted by their advocates or legal procurators, or by any other person who enjoys their trust: Provided that no person shall claim fees for representing or assisting a party before the T ribunal unless such assistance i s provided by an advocate or legal procurator. Competence of the Tribunal.