No. 24 of 2019
Data Protection
[Subsidiary]
(b)
through electronic means, including email, web posting, complaint
management information system; or
(c)
by any other appropriate means.
(3) A complaint under sub-regulation (1) may be lodged—
(a)
by the complainant in person;
(b)
by a person acting on behalf of the complainant;
(c)
by any other person authorized by law to act on behalf of a data subject; or
(d)
anonymously.
(4) The Data Commissioner shall acknowledge receipt of the complaint within seven
days of receipt of the complaint under sub- regulation (1).
(5) The complaint under sub-regulation (1) shall be lodged free of charge.
5. Register of complaints
(1) The Data Commissioner shall keep and maintain an up to date Register of
Complaints.
(2) An entry into the register of complaints shall state the particulars of the complainant
and the complaint filed with the Data Commissioner.
(3) The Data Commissioner shall protect the identity of the complainant where the
request to protect the identity is sought by the complainant.
6. Admission of complaint
(1) The Data Commissioner shall undertake a preliminary review of a complaint, upon
receipt of the complaint by the Office.
—
(2) The Data Commissioner may, upon undertaking a preliminary review of the complaint
(a)
admit the complaint;
(b)
where applicable, advise the complainant in writing that the matter is not within
the mandate of the Data Commissioner; or
(c)
advise the complainant that the matter lies for determination by another body
or institution and refer the complainant to that body or institution.
(3) Despite sub-regulation (2), the Data Commissioner may decline to admit a complaint
where the complaint does not raise any issue under the Act.
(4) Upon admission of a complaint, the Data Commissioner may—
(a)
conduct an inquiry into the complaint;
(b)
conduct investigations;
(c)
facilitate mediation, conciliation or negotiation in accordance with the Act and
these Regulations; or
(d)
use any other mechanisms to resolve the complaint.
(5) Where a complaint is declined for admission under sub-regulation (3), the complaint
may be re-admitted within six months from the date of decline, where the complaint raises
new issues for determination under the Act.
(6) A complaint under sub-regulation (5) shall be lodged in accordance with regulation 4.
7. Discontinuation of a complaint
(1) The Data Commissioner may discontinue an existing complaint in Form DPC 2 set
out in the Schedule, where—
(a)
a complaint does not merit further consideration; or
(b)
a complainant refuses, fails or neglects to communicate without justifiable
cause.
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