VERŻJONI ELETTRONIKA
A 798
Appeal, as the case may be, so orders, be suspended by virtue of the
appeal:
Provided that any administrative fine imposed by the
Commissioner shall not apply until the person on whom the
administrative fine is imposed has exhausted all legal remedies
provided pursuant to articles 26 and 29, or if the person to whom the
decision is addressed has permitted the relevant time-limits to expire
without availing himself of the said legal remedies.
(4) The decisions of the Tribunal shall be notified to all parties
to the appeal and to the Commissioner, by any of the methods of
service referred to in article 23.
Court of
Appeal.
Cap. 12.
Right to take
action against
the controller or
processor.
29. Any party to an appeal before the Tribunal who feels
aggrieved by a decision of the Tribunal, or the Commissioner if he
feels aggrieved by any such decision, may appeal to the Court of
Appeal as constituted in accordance with article 41(6) of the Code of
Organization and Civil Procedure by means of an application filed in
the registry of that court within twenty days from the date on which
the decision of the Tribunal was notified pursuant to article 26.
30. (1) Without prejudice to any other remedy available to
him, including the right to lodge a complaint with the Commissioner,
a data subject may, where he believes that his rights under the
Regulation or this Act have been infringed as a result of the
processing of his personal data in contravention of the provisions of
the Regulation or this Act, by sworn application filed before the First
Hall of the Civil Court, institute an action for an effective judicial
remedy against the controller or processor concerned.
(2) A data subject may also, by sworn application filed before
the First Hall of the Civil Court, institute an action for damages
against the controller or processor who processes personal data in
contravention of the provisions of the Regulation or this Act.
(3) If in determining an action under sub-article (2) the court
finds that the controller or processor is liable for the damage caused
pursuant to Article 82 of the Regulation, the court shall determine the
amount of damages, including, but not limited to, moral damages as
the court may determine, due to the data subject.
(4) Any action under this article shall be instituted within a
period of twelve months from the date when the data subject became
aware, or ought to have reasonably become aware, of such a
contravention, whichever is the earlier.