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.
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