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 explanation from the data controller or data processor against whom the complaint
has been made by affording him reasonable time and opportunity to be heard through an
efficient mode of communication; and
(b) contact, if deemed necessary, the complainant 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 it may issue directions to
stop breach of data protection rights of a data subject without first seeking comments from
the concerned data processor and data controller, as the case may be. The Commission may
employ electronic means of communication to dispose of complaints and shall maintain
appropriate record of such communications. The Commission shall, as soon as possible
establish an online facility to receive, process, manage and dispose of complaints in an
efficient and cost effective manner.
(7) In case of failure of the data collector or data processor, as the case may be, to respond to
the Commission or to execute its orders, the Commission may initiate enforcement
proceedings as per rules prescribed under this Act.
40. Judicial Recourse.— (1) Any person dissatisfied with the processing of his compliant at
the Commission, may seek directions from the High Court in whose territorial jurisdiction the
aggrieved person is permanently or temporarily residing.
(2) On receipt of a complaint under sub-section (1), the High Court may seek report from the
Commission and may also restrain the data controller, data processor or any other person
involved in data processing to refrain from processing, dissemination or disclosure of such
personal data:
Provided that no restraining order under this section shall be issued by the court unless it is
satisfied that:
a. sufficient grounds exist to believe that data processing is being carried out in violation
of the law;
b. the complaint is accompanied with an affidavit of the complainant verifying the contents
of the complaint; and
c. the complainant is likely to suffer irreparable loss.
CHAPTER VIII
MISCELLANEOUS
22
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