DATA 5.1 DATA 5.1 Process of lodging a claim
DATA 5.1.1 DATA 5.1.1
For the purposes of Article 23(1) of the
Data Protection Regulations, a Personmay file a claim with the QFC Authorityby providing the following information in writing:(A) full name and address of the Personmaking the claim;(B) the full name and address of the Data Controllerwhom the Personbelieves has contravened the Data Protection Regulations;(C) a detailed statement of facts which the Personbelieves gives rise to contravention of the Data Protection Regulations;(D) the relief sought by the Personmaking the claim; and(E) a declaration from the Personthat they have provided the QFC Authoritywith accurate information and that they understand that any information provided will be processed by the QFC Authorityin accordance with Article 8 of the Data Protection Regulations.
DATA 5.1.1 Guidance
A claim filed with the
QFC Authorityunder Rule 5.1.1 should also include:(a) full contact details of the Personmaking the claim including the preferred method of contact;(b) the relationship the Personhas with the Data Controller(for example employee, customer or account holder);(c) copies of any relevant documents which describe the events that gave rise to the claim; and(d) copies of relevant correspondence between the Personand the Data Controller, including details of any correspondence between the Personand the Data Controllertrying to resolve the problem.
Upon receiving a claim lodged under Article 23(1) of the
Data Protection Regulations, the QFC Authoritymay make such enquiries in respect of the claim that will, in the view of the QFC Authority, lead to the most timely, fair and effective resolution of the claim.
At the conclusion of the mediation process, should the
QFC Authoritydetermine to issue a direction requiring a Data Controllerto do any act or thing in accordance with Article 23(3) of the Data Protection Regulations, the QFC Authoritywill do so by issuing a notice in writing setting out:(A) the act or thing that the Data Controlleris required to do; and(B) the time within which, or before which, the Data Controlleris required to do that act or thing.