Galexia

Benchmarks for Global Privacy Standards (November 2009)

4.3. Benchmark 3 – Access to Dispute Resolution

Protection of privacy rights should be supported by access to affordable and effective dispute resolution.

A Global Privacy Standard should promote privacy protection that meets the following criteria:

1. Privacy protection should include a requirement for organisations to maintain free and fast internal complaints resolution services.

2. Privacy protection should include a requirement for free and fast external complaints resolution services, where complaints are not resolved by the organisation in the first instance. External complaints and complaints made to regulators should include a right of appeal, including a right of appeal on the merits. External complaints services and regulators should be independent and guard against perceptions of bias. Great care should be taken regarding close sponsorship, board memberships and the receipt of fees from organisations who may be the subject of a complaint.

3. Privacy protection should include appropriate back up provisions, allowing the exercise of individual rights and class action rights in the courts where necessary.