(3) The Commission shall charge a reasonable fee for filing or processing of the complaint
and matters ancillary thereto as prescribed under this Act, and shall also facilitate
online receipt of complaints.
(4) The Commission shall acknowledge the receipt of the complaint within three working
days and shall dispose of the complaint under intimation to the complainant within
thirty days of its receipt or for reasons to be recorded in writing, within such extended
time as reasonably determined by the Commission.
(5) After receipt of the complaint, the Commission may,
a) seek an explanation from the data controller or data processor, after conducting
an initial evaluation against whom the complaint has been made by providing
him reasonable time and opportunity to be heard through an efficient mode of
communication; and
b) Contact the complainant, if deemed necessary, to seek further information or
his comments on the response of the data controller or the data processor, or any
other concerned agency.
(6) The Commission shall efficiently dispose of a complaint and may issue directives to
prevent the breach of data protection rights without first seeking comments from the
concerned data processor and data controller.
(7) The Commission may employ electronic means of communication to dispose of
complaints and shall maintain an appropriate record of such communications. The
Commission shall as soon as possible establish an online facility to receive, process,
manage and dispose of complaints efficiently and cost-effectively.
(8) Where the data controller or processor fails to respond to the Commission or execute
its orders, the Commission may initiate enforcement proceedings as per Rules
prescribed under this Act.
52. Appeal. –
(1) Appeals against the decisions of the Commission shall be referred to the High Court
or to any other Tribunal established by the Federal Government for this Act, in the
manner prescribed by the High Court for filing the first appeal before that court or the
tribunal and the court shall decide such appeal within ninety days.
42
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