Data (Use and Access) Act 2025: Right to Complain Comes into Force
On June 19, 2026, the 'right to complain' provision under the Data (Use and Access) Act 2025 (DUAA) will come into effect, marking a significant milestone in data protection law. This provision mandates that organizations establish formal processes for handling data protection complaints, ensuring that individuals have a clear avenue to address grievances related to their personal data.
The DUAA, enacted in 2025, aims to enhance transparency and accountability in data processing activities. The 'right to complain' empowers individuals to challenge data handling practices they believe are unlawful or infringe upon their rights. Organizations are required to implement internal mechanisms to receive, assess, and respond to such complaints promptly.
To comply with this new requirement, organizations should:
- Develop and publicize a clear procedure for submitting data protection complaints.
- Train staff to handle complaints effectively and in accordance with legal obligations.
- Ensure timely responses to complaints, providing resolutions or explanations as appropriate.
- Maintain records of complaints and their outcomes to demonstrate compliance.
Failure to adhere to these obligations may result in regulatory scrutiny and potential penalties. Therefore, organizations are advised to review their current data protection policies and make necessary adjustments to align with the DUAA's requirements.
For more detailed guidance on implementing compliant complaint-handling processes, organizations can refer to resources provided by data protection authorities and legal experts.
