England and Wales commercial and regulatory procedures
When must a section 166 complaint-handling application reach the tribunal?
Within 28 days of expiry of that six-month period. Send or deliver the notice of appeal so the First-tier Tribunal receives it. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
- Period
- Within 28 days of expiry of that six-month period
- Trigger
- Expiry of six months from the regulator’s receipt of the complaint
- Rule
- Data Protection Act 2018, section 166
Data Protection Act 2018, section 166. The retained source governs send or deliver the notice of appeal so the First-tier Tribunal receives it. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
Source guide · No automated date
Check the applicable procedure
GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked. Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock. The actual expiry of six months from the regulator’s receipt of the complaint and required completion must be established before using a final date.
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When must a section 166 complaint-handling application reach the tribunal?
Within 28 days of expiry of that six-month period. Send or deliver the notice of appeal so the First-tier Tribunal receives it. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
Responsible actor. Data subject applying under section 166.
Expiry of six months from the regulator’s receipt of the complaint.
GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
Data Protection Act 2018, section 166How does this provision count time?
- Send or deliver the notice of appeal so the First-tier Tribunal receives it.
- Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock.
- GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock.
Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
Data Protection Act 2018, section 166Which facts prevent one automatic date?
GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked. Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock. The actual expiry of six months from the regulator’s receipt of the complaint and required completion must be established before using a final date.
The data subject applying under section 166 has established the applicable procedure and expiry of six months from the regulator’s receipt of the complaint. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked. Send or deliver the notice of appeal so the First-tier Tribunal receives it. Within 28 days of expiry of that six-month period. No computed final date is supplied.
A proposed completion raises a nonbusiness-day or time-boundary question for send or deliver the notice of appeal so the First-tier Tribunal receives it. Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock. Resolve this boundary under the identified provision and actual completion route. Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock.
The regulator provided progress information but the applicant alleges a separate failure to take appropriate steps. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked. GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked. No automatic final date follows from this scenario.
Which conditions and exceptions apply?
- Applicable procedure and actual event
- GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
- Counting and completion boundary
- Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock.
- GRC rule 22(6)(f) sets a bespoke filing period. Section 166 separately establishes the handling-failure ground. A granted extension and the actual complaint receipt must be checked.
- Data subject applying under section 166. Expiry of six months from the regulator’s receipt of the complaint. Send or deliver the notice of appeal so the First-tier Tribunal receives it. Combine the calendar-month interval with the following 28 days under the applicable tribunal counting and closure rules. Do not substitute the general sent-decision clock.
What must the responsible actor complete?
Questions about this procedure
When must a section 166 complaint-handling application reach the tribunal?
Does the usual sent-decision 28-day clock apply?
No. Rule 22(6)(f) provides the bespoke section 166 application period.
Data Protection Act 2018, section 166What is the first event?
The regulator’s receipt of the underlying complaint.
Data Protection Act 2018, section 166What must accompany the application?
Rule 22(2A) requires the complaint and regulator progress or outcome information.
Data Protection Act 2018, section 166Must a section 166 ground also be established?
Yes. A procedural filing interval does not itself prove a handling failure.
Data Protection Act 2018, section 166Can an extension be requested?
Rule 22(4) requires an extension request and reasons for a late notice; admission depends on a granted extension.
Data Protection Act 2018, section 166Does posting by the last day necessarily suffice?
Rule 22(1) requires the notice to be received by the tribunal in time.
Data Protection Act 2018, section 166Official sources and review
Provisions used (2)
| Provision | Purpose |
|---|---|
| Data Protection Act 2018, section 166 | Check the identified procedure, event, counting rule or qualification |
| The Tribunal Procedure (First-tier Tribunal) (General Regulatory Chamber) Rules 2009, rule 22(1),(2A),(4) and(6)(f) | Check the identified procedure, event, counting rule or qualification |