Cap. 496 Art. 39Appeals against notices served by the Commissioner. Cap. 586.

(1) Where a decision notice has been served, the applicant or the public authority may appeal to the Tribunal against the notice within twenty working days.

(2) A public authority on which an information notice or an

(a) that the notice against which the appeal is brought is not in accordance with the law; or

(b) to the extent that the notice involved an exercise of discretion by the Commissioner, that he ought to have exercised his discretion differently, the Tribunal shall allow the appeal or substitute such other notice as could have been served by the Commissioner; and in any other case the Tribunal shall dismiss the appeal.

(4) Where the Tribunal substitutes a notice as aforesaid, the Commissioner shall take action under article 27 to secure compliance as if that notice had been issued by the Commissioner.

(5) In hearing appeals under this article the Tribunal shall remain subject to the following provisions of the Data Protection Act:

(a) article 28(2); and

(b) article 27(2), (4) and (5).