Page:Personal Data Protection Act 2012.pdf/32

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PERSONAL DATA PROTECTION
33


(c) give such direction, or take such other step, as the Commission could itself have given or taken; or
(d) make any other direction or decision which the Commission could itself have made.

(5) Any direction or decision of an Appeal Committee on an appeal has the same effect, and may be enforced in the same manner, as a direction or decision of the Commission, except that there shall be no application for further reconsideration under section 31 and no further appeal under this section from any direction or decision of the Appeal Committee.

(6) If an Appeal Committee confirms the direction or decision which is the subject of the appeal, it may nevertheless set aside any finding of fact on which the direction or decision was based.

Appeals to High Court and Court of Appeal

35.—(1) An appeal against, or with respect to, a direction or decision of an Appeal Committee shall lie to the High Court—

(a) on a point of law arising from a direction or decision of the Appeal Committee; or
(b) from any direction of the Appeal Committee as to the amount of a financial penalty.

(2) An appeal under this section may be made only at the instance of—

(a) the organisation aggrieved by the direction or decision of the Appeal Committee;
(b) if the decision relates to a complaint, the complainant; or
(c) the Commission.

(3) The High Court shall hear and determine any such appeal and may —

(a) confirm, modify or reverse the direction or decision of the Appeal Committee; and
(b) make such further or other order on such appeal, whether as to costs or otherwise, as the Court may think fit.