Data Protection
No. 24 of 2019
[Subsidiary]
(2) The Data Commissioner shall provide the reasons for discontinuation on any of
the grounds specified under sub-regulation (1)(a) or (b) and shall, in writing, notify the
complainant and respondent within fourteen days from the date the decision to discontinue
a complaint is made.
(3) A complainant may, where a complaint has been discontinued pursuant to these
Regulations, re-institute a complaint upon providing grounds for the restitution to the Data
Commissioner.
8. Withdrawal of a complaint
(1) A complaint may be withdrawn at any stage during its consideration but before a
determination is made.
(2) A complainant may, at any time during the consideration of a complaint lodged
pursuant to regulation 4 and before its determination, withdraw the complaint.
(3) An application for a withdrawal under sub-regulation (1) shall be in Form DPC 2 set
out in the Schedule.
(4) A withdrawn complaint under sub-regulation (1) may be re- lodged, within six months
from the date of withdrawal of such complaint.
(5) A complaint re-lodged under this regulation shall be processed in accordance with
the provisions of this Part.
9. Joint consideration of complaints
(1) Where two or more complaints are lodged in which similar issues are raised against
a respondent, the Data Commissioner may with the consent of the complainants—
(a)
consolidate the complaints and make a determination; or
(b)
treat one complaint as a test complaint and stay further action on the other
complaints pending resolution of the test complaint.
(2) The Data Commissioner shall, with necessary modifications, apply the decision of a
test complaint to all the complaints stayed under sub-regulation (1)(b).
(3) The Data Commissioner shall, in writing, communicate to the complainants and all
the parties the decision made under this regulation.
(4) Where complaints are consolidated in accordance with this regulation, the complaint
shall be treated as a single complaint and shall be determined in accordance with the
provisions of these Regulations.
10. Language
(1) Proceedings before the Office shall be conducted in Kiswahili, English or Kenyan
Sign Language.
(2) The Office may ensure that a party who cannot speak, hear or understand the
language of proceedings receives the services of an interpreter provided for by the Office.
11. Notification of a complaint to the respondent
(1) Upon admission of a complaint, the Data Commissioner shall notify the respondent
of the complaint lodged against him, in Form DPC 3 set out in the Schedule and shall require
the respondent to within twenty-one days —
(a)
make representations and provide any relevant material or evidence in
support of its representations;
(b)
review the complaint with a view of summarily resolving the complaint to the
satisfaction of the complainant; or
(c)
provide a response with the required information.
(2) Where a respondent does not take any action as contemplated under sub-regulation
(1), the Data Commissioner shall proceed to determine the complaint in accordance with
the Act and these Regulations.
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