• DATA 5 DATA 5 Claims

    • 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 Person may file a claim with the QFC Authority by providing the following information in writing:

        (A) full name and address of the Person making the claim;
        (B) the full name and address of the Data Controller whom the Person believes has contravened the Data Protection Regulations;
        (C) a detailed statement of facts which the Person believes gives rise to contravention of the Data Protection Regulations;
        (D) the relief sought by the Person making the claim; and
        (E) a declaration from the Person that they have provided the QFC Authority with accurate information and that they understand that any information provided will be processed by the QFC Authority in accordance with Article 8 of the Data Protection Regulations.
        Derived from QFC RM01/2005 (as from 17th October 2005).

        • DATA 5.1.1 Guidance

          A claim filed with the QFC Authority under DATA Rule 5.1.1 should also include:
          a. full contact details of the Person making the claim including the preferred method of contact;
          b. the relationship the Person has 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 Person and the Data Controller, including details of any correspondence between the Person and the Data Controller trying to resolve the problem.
          Derived from QFC RM01/2005 (as from 17th October 2005).

      • DATA 5.1.2

        Upon receiving a claim lodged under Article 23(1) of the Data Protection Regulations, the QFC Authority may 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.

        Derived from QFC RM01/2005 (as from 17th October 2005).

      • DATA 5.1.3

        At the conclusion of the mediation process, should the QFC Authority determine to issue a direction requiring a Data Controller to do any act or thing in accordance with Article 23(3) of the Data Protection Regulations, the QFC Authority will do so by issuing a notice in writing setting out:

        (A) the act or thing that the Data Controller is required to do; and
        (B) the time within which, or before which, the Data Controller is required to do that act or thing.
        Derived from QFC RM01/2005 (as from 17th October 2005).