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Contents

Legislation
Data Protection Act 2018

Crossheading Complaints

  • Section 164A Complaints by data subjects to controllers
  • Section 164B Controllers to notify the Commissioner of the number of complaints
  • Section 165 Complaints by data subjects to the Commissioner
  • Section 166 Orders to progress complaints to the Commissioner
  1. Complaints
  2. Complaints by data subjects to the Commissioner

Section 165 | Complaints by data subjects to the Commissioner

From legislation.gov.uk

(1)RepealedF1

(2)A data subject may make a complaint to the Commissioner if the data subject considers that, in connection with personal data relating to him or her, there is an infringement of the UK GDPR or Part or of this Act.F2

(3)The Commissioner must facilitate the making of complaints under subsection (2) by taking steps such as providing a complaint form which can be completed electronically and by other means.

(4)If the Commissioner receives a complaint under subsection (2), the Commissioner must—

(a)take appropriate steps to respond to the complaint,

(b)inform the complainant of the outcome of the complaint,

(c)inform the complainant of the rights under , and

(d)if asked to do so by the complainant, provide the complainant with further information about how to pursue the complaint.

(5)The reference in subsection (4)(a) to taking appropriate steps in response to a complaint includes—

(a)investigating the subject matter of the complaint, to the extent appropriate, and

(b)informing the complainant about progress on the complaint, including about whether further investigation or co-ordination with a foreign designated authority is necessary.F3

(6)RepealedF4

(7)In this section—F5

“foreign designated authority” means an authority designated for the purposes of Article 13 of the Data Protection Convention by a party, other than the United Kingdom, which is bound by that Convention;

Notes

  1. F1

    S. 165(1) omitted (19.6.2026) by virtue of , ss. 103(3)(a), 142(1); S.I. 2026/82, reg. 3(a) (with reg. 7)

  2. F2

    Words in inserted (19.6.2026) by , ss. 103(3)(b), 142(1); S.I. 2026/82, reg. 3(a) (with reg. 7)

  3. F3

    Word in substituted (31.12.2020) by The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(3) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

  4. F4

    S. 165(6) omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(4) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

  5. F5

    Words in omitted (31.12.2020) by virtue of The Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019 (S.I. 2019/419), reg. 1(2), Sch. 2 para. 66(5) (with reg. 5); 2020 c. 1, Sch. 5 para. 1(1)

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