Data Governance Atlas UK edition

Regulators and escalation routes

For both sides

Where a data protection or information rights dispute goes after the organisation: the Information Commission, the Scottish Information Commissioner, tribunals and the courts, and which route fits which problem.

NIST PF GV-PCM-P
ISO 27701 A.7.3.9
UK GDPR Art 77Art 78Art 79Art 82

Most disputes should end with the organisation. When they do not, the route depends on the regime and on what the person wants: a regulator’s view, compensation, or an order to comply.

Data protection

First, the organisation. Since 2026-06-19 controllersControllerDecides why and how personal data is processed. Carries most of the duties, and most of the penalties. must have a complaints process, acknowledge within 30 days and respond without undue delay (DPA 2018 s.164A). The regulator generally expects you to have complained to the organisation first.

Then the Information Commission. Anyone can complain about an infringement involving their data (Art 77). The Commission, which succeeded the Information Commissioner’s Office on 2026-09-30, decides what action to take. It is not a court and does not award compensation.

If the Commission does not progress a complaint, the person can apply to the First-tier Tribunal for an order requiring it to take appropriate steps (DPA 2018 s.166). That is about the handling of the complaint, not its merits.

Court. A person can bring a claim against a controller or processorProcessorProcesses personal data on a controller's instructions, such as a cloud host or payroll bureau, with its own security and breach duties. for compensation for material or non-material damage (Art 82, DPA 2018 s.168), and can apply for a compliance order (s.167). In England and Wales and Northern Ireland that is the High Court or county court; in Scotland the Court of Session or sheriff court.

Freedom of information and environmental information

StageFOIA 2000 and EIR 2004FOISA 2002 and EIRS 2004
ReviewInternal review by the authorityRequirement for review, answered in 20 working days
RegulatorInformation CommissionInformation CommissionThe UK data protection and FOI regulator. A board-led body that succeeded the Information Commissioner (the ICO) on 2026-09-30, with the same role and powers. (decision notice)Scottish Information Commissioner, within six months
AppealFirst-tier Tribunal (General Regulatory Chamber), then Upper TribunalCourt of Session, on a point of law

Electronic communications

PECR complaints go to the Information Commission. Nuisance calls are also reported through the Telephone Preference Service. People have a right to compensation for damage caused by a PECR contravention (PECR reg 30).

Criminal routes

Some failures are crimes: unlawfully obtaining personal dataPersonal dataAny information relating to an identified or identifiable living person, including identifiers and combinations of data that single someone out. (s.170), re-identification (s.171), destroying records to defeat an access or FOI request (DPA s.173, FOIA s.77, FOISA s.65, EIR and EIRS reg 19). Report them to the Information Commission, or in Scotland to the police or the Procurator Fiscal.

Choosing a route

  • Want the organisation to fix it? Complaint, then the regulator.
  • Want compensation? A court claim; the regulator cannot award it.
  • Want information released? The FOI or EIR route for the relevant nation.
  • Think a crime was committed? Report it.

UK position

The page above works from the shared UK GDPR text. These are the points where UK law adds to it or departs from it, each tied to the commencement tracker.

United Kingdom Works differently

Freedom of information is devolved in Scotland: Scottish public authorities answer to the Scottish Information Commissioner, with appeal to the Court of Session.

FOISA 2002 ss.47 and 56

Where this connects

Making a complaint that lands

How to structure a data protection complaint so it cannot be deflected: the order to put things in, what to ask for, and the sentences that make delay measurable.

Handling a complaint you have just received

A first-hour checklist for the DPO, how to recognise correspondence that is no longer a customer-service ticket, and the three failures that turn a small complaint into a regulatory one.

UK GDPR

Regulation (EU) 2016/679 as retained and amended by the European Union (Withdrawal) Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 (SI 2019/419)

DPA 2018

Data Protection Act 2018, c. 12

FOIA 2000

Freedom of Information Act 2000, c. 36

FOISA 2002

Freedom of Information (Scotland) Act 2002, asp 13

PECR

SI 2003/2426

Data protection complaints

How a controller handles a data protection complaint under the duty in DPA 2018 s.164A, for complaints received from 2026-06-19: make complaining easy, acknowledge within 30 days, investigate, keep the person informed and give the outcome without undue delay..

FOI request response (FOIA 2000)

How a public authority in England, Wales or Northern Ireland, or a UK-wide authority, handles a request under FOIA 2000: validity, routing, the 20 working day limit, cost and vexatious refusals, exemptions with the public interest test, refusal notices, internal review and appeal..

Scottish FOI and EIR response (FOISA 2002, EIRS 2004)

How a Scottish public authority handles an information request under FOISA 2002 or, for environmental information, the EIRS 2004: 20 working days with no public interest extension, Scottish bank holidays, substantial prejudice tests, review and the Scottish Information Commissioner..

Sources

Updated