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.
- Applies to
- Every controller, for complaints about infringement of the UK GDPR or Part 3 DPA 2018 relating to the complainant's own data.
- Instruments
- DPA 2018, UK GDPR
- Steps
- 7 steps, with a deadline calculator, including a step that carries a criminal offence.
Deadline calculator
Acknowledge a data protection complaint
Acknowledge within 30 days of receiving the complaint (complaints received from 2026-06-19).
Basis: DPA 2018 s.164A(3). Bank holidays for 2025 to 2028, by the standard calendar rules. A calculator, not advice.
Mechanics
| Item | Position |
|---|---|
| In force | Complaints received from 2026-06-19 (SI 2026/82 regs 3 and 7) |
| Acknowledge | Within 30 days of receipt (s.164A(3)) |
| Respond | Appropriate steps without undue delay, including enquiries and progress updates (s.164A(4) and (5)) |
| Next stop | Information Commission (Art 77) |
Steps
-
Make complaining easy
Provide an easy route, such as an electronic complaint form, alongside other means (s.164A(2)). Publish it in your privacy information.
See DPA 2018
-
Log and acknowledge within 30 days
Record the date received and acknowledge receipt within 30 days (s.164A(3)).
See DPA 2018
-
Identify what is being alleged
Separate each allegation and tie it to the provision it engages. A complaint often contains a fresh rights request: if it does, start that clock too.
See DPA 2018
-
Make enquiries
Take appropriate steps to investigate, to the extent appropriate, including asking the teams involved and reviewing records (s.164A(5)).
See DPA 2018
Criminal offence Do not alter or delete records connected with a pending subject access or portability request while investigating. Doing so to prevent disclosure is an offence under DPA 2018 s.173. -
Keep the complainant informed
Tell them how the investigation is progressing (s.164A(5)).
See DPA 2018
-
Give the outcome without undue delay
Explain what you found, what you have done, and that they can complain to the Information Commission if dissatisfied (s.164A(4); Art 77).
See DPA 2018
-
Record and learn
Keep a record of complaints and outcomes. It is evidence of accountability and the regulator may ask for it.
See UK GDPR
Checklists and tools for this procedure
Explainers
- What must you do when someone complains about how you used their data?Data protection complaints
Sources
- Primary Data Protection Act 2018, section 164A legislation.gov.uk
- Primary Data (Use and Access) Act 2025 (Commencement No. 6 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/82) legislation.gov.uk
- Primary UK GDPR (Regulation (EU) 2016/679 as it applies in the UK) legislation.gov.uk