Data Protection No. 24 of 2019 [Subsidiary] THE DATA PROTECTION (COMPLAINTS HANDLING PROCEDURE AND ENFORCEMENT) REGULATIONS, 2021 [Legal Notice 264 of 2021] PART I – PRELIMINARY 1. Citation These Regulations may be cited as the Data Protection (Complaints Handling Procedure and Enforcement) Regulations, 2021. 2. Interpretation In these Regulations, unless the context otherwise requires — "Act" means Data Protection Act, 2019 (No. 24 of 2019); "complainant" means a data subject or a person who has lodged a complaint pursuant to regulation 4; "Data Commissioner" means the person appointed under section 6 of the Act; "Office" means the office of the Data Protection Commissioner; "enforcement notice" means a notice issued by the Data Commissioner under regulation 16; "penalty" means a penalty imposed by a penalty notice; 20; "penalty notice" means a notice issued by the Data Commissioner under regulation "respondent" means a person against whom a complaint is lodged; and "summons" means an order of the Data Commissioner, in writing, directing a person to appear before the Office. 3. Object and purpose of the Regulations The object and purpose of these Regulations is to— (a) facilitate a fair, impartial, just, expeditious, proportionate and affordable determination of complaints lodged with the Data Commissioner in accordance with the Act and these Regulations, without undue regard to technicalities of procedure; (b) provide for issuance of enforcement notices as contemplated under section 58 of the Act; (c) provide for issuance of issuance of penalty notices as contemplated under section 62 of the Act; (d) provide for the procedure for hearing and determining of complaints; and (e) provide for the resolution of complaints lodged with the Data Commissioner by means of alternative dispute resolution mechanisms as specified under section 9(1) (c) of the Act. PART II – PROCEDURE FOR LODGING, ADMISSION AND RESPONSE TO COMPLAINTS 4. Lodging of a complaint (1) Pursuant to section 56 of the Act, a data subject or any person aggrieved on any matter under the Act may lodge a complaint with the Data Commissioner. (2) A complaint lodged under sub-regulation (1) may be lodged in Form DPC 1 set out in the Schedule— (a) orally, subject to section 56(3) of the Act; 5