The Data Protection Bill, 2012 Settlement of complaints. 24. Where it appears from a complaint, or any written response made in relation to a complaint under section 23, that it may be possible to secure a settlement between any of the parties concerned and, if appropriate, a satisfactory assurance against the repetition of any action that is the subject-matter of the complaint or the doing of further actions of a similar kind by the person concerned, the Commission may, without investigating the complaint or, as the case may be, investigating the complaint further, to secure such a settlement and assurance. PART V – POWERS AND REMEDIES Powers and remedies of the Commission on the complaint. 25. (1) If in any proceedings under section 23 or section 24, the Commission is satisfied on a balance of probabilities that any action of the defendant is an interference with the data protection under this Act, it may grant one or more of the following remedies- — (a) a declaration that the action of the defendant is an interference with the data protection in relation to the individual; (b) an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order; (c) an order that the defendant perform any acts specified in the order with a view to remedying the interference; or (d) such other relief as the Commission thinks fit. (2) In any proceedings under section 23 or 24, the Commission may award such costs against the defendant as the Commission thinks fit, whether or not the Commission makes any other order, or may award costs against the plaintiff, or may decline to award costs against either party. (3) It shall not be a defence to proceedings under section 23 or 24 that the interference was unintentional or without negligence on the part of the defendant, but the Commission shall take the conduct of the defendant into account in deciding what remedy to grant. 16