Any person who feels aggrieved by a decision of the Information and Data Protection Commissioner shall have the right to appeal in writing to the Information and Data Protection Appeals Tribunal within thirty (30) days from the notification to him of the said decision.
The Tribunal consists of a Chairman, two other members and a secretary. They are all appointed by the Minister. The Chairman shall be an advocate with a minimun of twelve years legal experience and the members shall be persons to represent the interests of data subjects and data controllers. For the exercise of its functions, the Tribunal has the same powers as are competent to the First Hall, Civil Court according to law and may regulate its own procedure.
On 26 February 2016, Dr Anna Mallia has been appointed as Chairperson of the Information and Data Protection Appeals Tribunal for a period of three (3) years. Her position shall be retained until 18 February 2019. Mr Charles Cassar and Mr David Bezzina were appointed members of the Tribunal on 31 January 2014 for a period of three (3) years with effect from 29 January 2014.
Appeals are to be filed at the following address:
Information and Data Protection Appeals Tribunal
c/o Office of the Permanent Secretary
Ministry for Social Dialogue, Consumer Affairs and Civil Liberties
Valletta, VLT 2000.
Guidelines when filing an appeal before the Information and Data Protection Appeals Tribunal
- Appellant is to provide five (5) true copies of appeal.
- The appeal shall contain the appealed decision, documents pertinent to the case and a list of all witnesses that the party intends to produce in support of the case. Besides the name and address of each witness, such list shall contain an indication of the proof that it is intended to make by the production of each witness.
- On receipt of an appeal, the Secretary shall inform the Chairman who shall fix a date for the hearing of the appeal or for its consideration, as the case may be.
- Copy of the appeal will be forwarded to the appealed party who will be given time to reply.
- To expedite any communication between the Tribunal and the appellant, an email address should also be provided.
Any party to an appeal to the Tribunal who feels aggrieved by a decision of the Tribunal may on a question of law appeal to the Court of Appeal as constituted in accordance with article 41(6) of the Code of Organisation and Civil Procedure by means of an application filed in the registry of that court within thirty days from the date on which that decision has been notified.