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How to Complain to the ICO (Step-by-Step Guide)

By Recording Law Editorial Team9 min read
How to Complain to the ICO (Step-by-Step Guide)

Frequently Asked Questions

Do I have to complain to the organisation before I complain to the ICO?

You should normally complain to the organisation first and give it a genuine chance to put things right. The ICO expects this and will usually ask what you have already done before it looks at your complaint.

How do I complain to the ICO?

You can complain online using the ICO's Make a Complaint service, which asks questions relevant to your type of issue, or by post if you prefer. Complaining to the ICO is free.

Is there a time limit for an organisation to respond to my complaint?

Since 19 June 2026, the Data (Use and Access) Act 2025 requires an organisation to acknowledge a data protection complaint within 30 days, investigate it without undue delay, and tell you the outcome.

Will the ICO get me compensation for a data breach?

No. The ICO can investigate, order action, and issue reprimands or fines, but it cannot award you compensation. A compensation claim has to go through the courts under Article 82 UK GDPR and section 168 of the Data Protection Act 2018.

Is the ICO becoming the Information Commission?

The Data (Use and Access) Act 2025 creates a new body corporate intended to eventually replace the ICO, called the Information Commission, but the transition is still under way in 2026 and the regulator still operates and is known as the ICO.

How long does the ICO take to deal with a complaint?

It varies with the complexity of the issue. Straightforward complaints resolved with informal advice can take weeks, while complaints that trigger a wider investigation can take considerably longer.

Does complaining to the ICO cost anything?

No. Making a complaint to the ICO, whether online or by post, is free.

Updates

Section 103 of the Data (Use and Access) Act 2025 came into force, requiring organisations to have an accessible complaints process and to acknowledge a data protection complaint within 30 days, investigate it without undue delay, and give the complainant an outcome.

Sources and References

  1. ICO: How to make a data protection complaint to an organisation(ico.org.uk).gov
  2. ICO: I'm worried about how an organisation has handled my information, what should I do?(ico.org.uk).gov
  3. ICO: Make a complaint(ico.org.uk).gov
  4. Data (Use and Access) Act 2025, section 103(legislation.gov.uk).gov
  5. GOV.UK: Data protection - make a complaint(gov.uk).gov
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