S23 controller satisfies the Commission that it shall ensure adequate safeguards with respect to the protection of privacy and fundamental rights and freedoms of the data subjects concerned, and regarding the exercise of the rights of the data subject such safeguards can be appropriated through adequate legal and security measures and contractual clauses in particular. PART VI ENFORCEMENT Complaints 34. A person may submit a complaint to the Commission in the prescribed manner and form – (a) alleging contravention of this Act; or (b) where the data subject is aggrieved by a determination in terms of an approved code. Investigation by the Commission 35. (1) The Commission, after receipt of a complaint made in terms of section 34, shall – (a) investigate any alleged contravention in the prescribed manner; (b) decide in accordance with Section 36 to take no action on the complaint; (c) act where appropriate, as conciliator in relation to any such contravention in the prescribed manner, where it appears that it might be possible to secure a settlement between the parties; and (1). (d) take such further action as is contemplated under this Part. (2) The Commission may, on its own initiative commence an investigation under subsection (3) The Commission shall, within a prescribed period advice the complainant and the data controller to whom the complaint relates of the course of action that the Commission shall take. Reasons for Commission not to take action 36. (1) The Commission may, after receiving a complaint in terms of Section 34, decide not to take any action if, in the opinion of the Commission – (a) the length of time that has elapsed between the date on which the subject matter of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desirable; (b) the subject matter of the complaint is trivial; (c) the complaint is frivolous, vexatious or is not made in good faith; (d) the complainant does not desire that action be taken or continued;