Rules Of The Superior Courts (Data Protection Actions) 2019.
Statutory Instruments
Source: Statutory Instruments

num: 1
paragraphs: (1) These Rules, which may be cited as the Rules of the Superior Courts (Data Protection Actions) 2019, shall come into operation on the 19th day of June 2019.
(2) These Rules shall be construed together with the Rules of the Superior Courts.
(3) The Rules of the Superior Courts as amended by these Rules may be cited as the Rules of the Superior Courts 1986 to 2019.
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paragraphs: The Rules of the Superior Courts are amended:
(i) by the insertion, immediately following rule 12 of Order 20, of the following rule:
“13.(1) The statement of claim of a plaintiff which is a body, organisation or association to which section 117(7) of the Data Protection Act 2018 applies shall
(i) include a statement to that effect, and
(ii) confirm that the plaintiff satisfies each relevant requirement of Article 80 of the Data Protection Regulation.
(2) The statement of claim of a plaintiff which is a body, organisation or association to which section 120(2) of the Data Protection Act 2018 applies shall confirm that each paragraph of section 120(2) of the Data Protection Act 2018 applies to that plaintiff.
(3) The Court may, of its own motion or on the application of another party to a data protection action to which section 117 or 120 of the Data Protection Act 2018 relates, direct the provision to it of such additional information as is necessary in order to confirm that the plaintiff is such a body, organisation or association by way of further particulars or an affidavit.”;
(ii) by the substitution for sub-rule (2) of rule 1 of Order 84C, of the following sub-rule:
“(2) Where any enactment provides for an appeal to be made to the High Court or to a judge of the High Court from:
(i) a decision or determination made, or
(ii) a direction given, or
(iii) a requirement specified in a notice issued,
by a person or body, other than a court, which person or body is authorised by any enactment to make such decision or determination, to give such direction or, as the case may be, to impose or notify such requirement (in this Order referred to as “the deciding body”), and provision for the procedure applicable is not made either by the enactment concerned or by another Order of these Rules, the procedure set out in the following rules of this Order shall apply, subject to any requirement of the relevant enactment.”;
(iv) by the insertion, immediately after paragraph (g) of sub-rule (1) of rule 3 of Order 84C, f the following paragraph:
“(h) where an appeal under section 150 of the Act is brought on behalf of a data subject by a not-for-profit body, organisation or association to which section 120(2) of the 2018 Act applies that has been mandated by the data subject to do so,
(i) include a statement to that effect, and
(ii) confirm that the plaintiff satisfies each relevant requirement of Article 80 of the Data Protection Regulation.”;
(iii) by the insertion, immediately after rule 10 of Order 84C, of the following rule:
“11. The Court may, of its own motion or on the application of another party to an appeal under section 150 of the Data Protection Act 2018, direct the provision to it of
such additional information as is necessary in order to confirm that the plaintiff is such a body, organisation or association to which section 120(2) of that Act applies, by way of further particulars or an affidavit.”; and