Personal Data Protection Act GN. NO. 395B (Contd) investigation. Investigation confidentiality 41.-(1) Investigation of a complaint under this Act shall be conducted confidentially. (2) The Director General or any person acting on his behalf who receives personal data relating to any investigation under this Act or any other written law shall satisfy any security requirements by taking any oath of secrecy required to be taken by persons undertaking tasks of the similar nature. Powers of Commission in carrying out investigations 42.-(1) In the course of carrying out investigation of any complaint, the Commission shall have power to(a) summon a person before the Commission; (b) receive and accept such evidence and other information, whether on oath or by affidavit or otherwise; (c) enter any premises occupied by any data controller or data processor for satisfying security requirements of the premises; (d) interrogate any person or take any device with personal data in any premises entered pursuant to paragraph (c); and (e) examine or obtain copies of, or extracts from, books, documents or other records found in any premises entered pursuant to paragraph (c) containing any matter relevant to the investigation. (2) In the course of an investigation of a complaint under this section, the complainant and the data controller or data processor concerned may be given an opportunity to make representations to the Commission. (3) Notwithstanding any other written law, the Commission may examine any personal data recorded in any form held by a data controller or data processor and in doing so, no personal data shall be withheld from the Commission. 27

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