Data Protection Tribunal (National Security Appeals) Rules 2000
2000 No. 206
DATA PROTECTION
The Data Protection Tribunal (National Security Appeals) Rules 2000
Made 2nd February 2000
Laid before Parliament 8th February 2000
Coming into force 1st March 2000
The Secretary of State, in exercise of the powers conferred on him by section 67(2) of, and paragraph 7 of Schedule 6 to, the Data Protection Act 19981, hereby makes the following Rules:
Citation and commencement
1. These Rules may be cited as the Data Protection Tribunal (National Security Appeals) Rules 2000 and shall come into force on 1st March 2000.
Application and interpretation
2.—(1) These Rules apply to appeals under section 28 of the Act, and the provisions of these Rules are to be construed accordingly.
(2) In these Rules, unless the context otherwise requires–
“the Act” means the Data Protection Act 1998;
“appeal” means an appeal under section 28 of the Act;
“appellant” means a person who brings or intends to bring an appeal under section 28 of the Act;
“costs”–
(a) except in Scotland, includes fees, charges, disbursements, expenses and remuneration;
(b) in Scotland means expenses, and includes fees, charges, disbursements and remuneration;
“disputed certification” means–
(a) in relation to an appeal under section 28(4) of the Act, the certificate against which the appeal is brought or intended to be brought, and
(b) in relation to an appeal under section 28(6) of the Act, the claim by the data controller, against which the appeal is brought or intended to be brought, that a certificate applies to any personal data;
“party” has the meaning given in paragraph (3) below;
“president” means the person designated by the Lord Chancellor under paragraph 3 of Schedule 6 to the Act to preside when the Tribunal is constituted under that paragraph;
“proper officer” in relation to a rule means an officer or member of staff provided to the Tribunal under paragraph 14 of Schedule 5 to the Act and appointed by the chairman to perform the duties of a proper officer under that rule;
“relevant Minister” means the Minister of the Crown who is responsible for the signing of the certificate under section 28(2) of the Act to which the appeal relates, and except where the context otherwise requires, references in these Rules to the relevant Minister include a person appointed under rule 21 below to represent his interests; and
“respondent data controller” in relation to an appeal under section 28(6) of the Act means the data controller making the claim which constitutes the disputed certification.
(3) In these Rules, except where the context otherwise requires, “party ” means the appellant or–
(a)
(a) in relation to an appeal under section 28(4) of the Act, the relevant Minister, and
(b)
(b) in relation to an appeal under section 28(6) of the Act, the respondent data controller,
and, except where the context otherwise requires, references in these Rules to a party or to any such party include a person appointed under rule 21 below to represent his interests.
(4) In relation to proceedings before the Tribunal in Scotland, for the words “ on the trial of an action” in rules 15(6) and 26(2) below there is substituted “ in a proof”.
Constitution and general duty of the Tribunal
3.—(1) When exercising its functions under these Rules, the Tribunal shall secure that information is not disclosed contrary to the interests of national security.
(2) Paragraph 6(1) of Schedule 6 to the Act applies only to the exercise of the jurisdiction of the Tribunal in accordance with rule 11 below.
(3) For the purposes of paragraph (1) above, but without prejudice to the application of that paragraph, the disclosure of information is to be regarded as contrary to the interests of national security if it would indicate the existence or otherwise of any material.
Method of appealing
4.—(1) An appeal must be brought by a written notice of appeal served on the Tribunal.
(2) The notice of appeal shall–
(a)
(a) identify the disputed certification; and
(b)
(b) state–
(i) the name and address of the appellant;
(ii) the grounds of the appeal; and
(iii) an address for service of notices and other documents on the appellant.
(3) In the case of an appeal under section 28(6) of the Act, the notice of appeal shall also state–
(a)
(a) the date on which the respondent data controller made the claim constituting the disputed certification;
(b)
(b) an address for service of notices and other documents on the respondent data controller; and
(c)
(c) where applicable, the special circumstances which the appellant considers justify the Tribunal’s accepting jurisdiction under rule 5(3) below.
Time limit for appealing
5.—(1) In the case of an appeal under section 28(4) of the Act, a notice of appeal may be served on the Tribunal at any time during the currency of the disputed certification to which it relates.
(2) In the case of an appeal under section 28(6) of the Act, subject to paragraph (3) below, a notice of appeal must be served on the Tribunal within 28 days of the date on which the claim constituting the disputed certification was made.
(3) The Tribunal may accept a notice of appeal served after the expiry of the period permitted by paragraph (2) above if it is of the opinion that, by reason of special circumstances, it is just and right to do so.
(4) A notice of appeal shall if sent by post in accordance with rule 30(1) below be treated as having been served on the date on which it is received for dispatch by the Post Office.
Acknowledgment of notice of appeal and notification by the Tribunal
6.—(1) Upon receipt of a notice of appeal, the proper officer shall send–
(a)
(a) an acknowledgment of the service of a notice of appeal to the appellant, and
(b)
(b) a copy of the notice of appeal to–
(i) the relevant Minister,
(ii) the Commissioner, and
(iii) in the case of an appeal under section 28(6) of the Act, the respondent data controller.
(2) An acknowledgment of service under paragraph (1)(a) above shall be accompanied by a statement of the Tribunal’s powers to award costs against the appellant under rule 28 below.
Relevant Minister’s notice in reply
7.—(1) No later than 42 days after receipt of a copy of a notice of appeal under rule 6(1)(b) above, the relevant Minister shall send to the Tribunal–
(a)
(a) a copy of the certificate to which the appeal relates, and
(b)
(b) a written notice in accordance with paragraph (2) below.
(2) The notice shall state–
(a)
(a) with regard to an appeal under section 28(4) of the Act, whether or not he intends to oppose the appeal and, if so–
(i) a summary of the circumstances relating to the issue of the certificate, and the reasons for the issue of the certificate;
(ii) the grounds upon which he relies in opposing the appeal; and
(iii) a statement of the evidence upon which he relies in support of those grounds; and
(b)
(b) with regard to an appeal under section 28(6) of the Act, whether or not he wishes to make representations in relation to the appeal and, if so–
(i) the extent to which he intends to support or oppose the appeal;
(ii) the grounds upon which he relies in supporting or opposing the appeal; and
(iii) a statement of the evidence upon which he relies in support of those grounds.
(3) Except where the Tribunal proposes to determine the appeal in accordance with rule 11 below, and subject to rule 12 below, the proper officer shall send a copy of the notice to–
(a)
(a) the appellant,
(b)
(b) the Commissioner, and
(c)
(c) in the case of an appeal under section 28(6) of the Act, the respondent data controller.
Reply by respondent data controller
8.—(1) A respondent data controller shall, within 42 days of the date on which he receives a copy of a notice of appeal under rule 6(1)(b) above, send to the Tribunal a written reply acknowledging service upon him of the notice of appeal, and stating–
(a)
(a) whether or not he intends to oppose the appeal and, if so,
(b)
(b) the grounds upon which he relies in opposing the appeal.
(2) Before the expiry of the period of 42 days referred to in paragraph (1) above, the respondent data controller may apply to the Tribunal for an extension of that period, showing cause why, by reason of special circumstances, it would be just and right to do so, and the Tribunal may grant such extension as it considers appropriate.
(3) Except where the Tribunal proposes to determine the appeal in accordance with rule 11 below, the proper officer shall send a copy of the reply to–
(a)
(a) the relevant Minister; and
(b)
(b) subject to paragraph (4) and rule 12 below, the appellant and the Commissioner.
(4) No copy may be sent under paragraph (3)(b) above before the period of 42 days referred to in 12(2)(b) below has expired, otherwise than in accordance with rule 12, unless the relevant Minister has indicated that he does not object.
Amendment and supplementary grounds
9.—(1) With the leave of the Tribunal, the appellant may amend his notice of appeal or deliver supplementary grounds of appeal.
(2) Rule 6(1) above and rule 11(1)(a) below apply to an amended notice of appeal and to supplementary grounds of appeal provided under paragraph (1) above as they do to a notice of appeal.
(3) Upon receipt of a copy of an amended notice of appeal or amended grounds of appeal under rule 6(1) above, the relevant Minister may amend his notice in reply and, in the case of an appeal under section 28(6) of the Act, the respondent data controller may amend his reply to the notice of appeal.
(4) An amended notice or reply under paragraph (3) above must be sent to the Tribunal within 28 days of the date on which the copy referred to in that paragraph is received.
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