Section 42
Appeal from direction or decision of Authority
of Personal Data Protection Order, 2025
(1)
An organisation or a person (including an individual who IS a complainant) aggrieved by -
(a} any direction made by the Authority under section 34(2), 36(1)
or (2) or 39(4);
(b)
any direction or decision made by the Authority under section 35(2); or
(c)
any decision made by the Authority under section 40(6){b}, may, within the prescribed period, appeal to the Chairman of the Appeal Panel against that direction or decision.
(2)
An organisation aggrieved by a financial penalty imposed by the
Authority under section 37(1) on the organisation may, within the prescribed period, appeal to the Chairman of the Appeal Panel against the decision to impose the financial penalty or the amount of the financial penalty so imposed.
(3)
Where an application for reconsideration has been made under section 40, every appeal in respect of the same direction or decision which is the subject of the application for reconsideration is deemed to be withdrawn.
(4)
Unless the Appeal Committee decides otherwise in any particular case, the making of an appeal under this section does not suspend the effect of the direction or decision to which the appeal relates except in the case of an appeal under subsection (2).
(5)
An Appeal Committee hearing an appeal may confirm, vary or set aside the direction or decision which is the subject of the appeal and, in particular, may -
(a} remit the matter to the Authority;
(b)
impose or revoke, or vary the amount of, a financial penalty;
(c)
give any direction, or take any other step, that the Authority could itself have given or taken; or
(d)
make any other direction or decision that the Authority could itself have made.
(6)
A 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 Authority, except that there is to be no application for further reconsideration under section 40 and no further appeal under this section from the direction or decision of the Appeal Committee.
(7)
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.
(8)
The decision of an Appeal Committee is final.