Data Protection Act 1998

Rules of procedure

7 (1) The Secretary of State may make rules for regulating the exercise of the rights of appeal conferred by sections 28(4) or (6) and 48 and the practice and procedure of the Tribunal.

(2) Rules under this paragraph may in particular make provision—

(a) with respect to the period within which an appeal can be brought and the burden of proof on an appeal,

(b) for the summoning (or, in Scotland, citation) of witnesses and the administration of oaths,

(c) for securing the production of documents and material used for the processing of personal data,

(d) for the inspection, examination, operation and testing of any equipment or material used in connection with the processing of personal data,

(e) for the hearing of an appeal wholly or partly in camera,

(f) for hearing an appeal in the absence of the appellant or for determining an appeal without a hearing,

(g) for enabling an appeal under section 48(1) against an information notice to be determined by the chairman or a deputy chairman,

(h) for enabling any matter preliminary or incidental to an appeal to be dealt with by the chairman or a deputy chairman,

(i) for the awarding of costs or, in Scotland, expenses,

(j) for the publication of reports of the Tribunal’s decisions, and

(k) for conferring on the Tribunal such ancillary powers as the Secretary of State thinks necessary for the proper discharge of its functions.

(3) In making rules under this paragraph which relate to appeals under section 28(4) or (6) the Secretary of State shall have regard, in particular, to the need to secure that information is not disclosed contrary to the public interest.