s.43Complaints
43
Section 43Part 6 — ENFORCEMENT

Complaints

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A complaint may be made to the Commissioner by or on behalf of any person about the processing of personal data that has not been or is not being carried out in compliance with the provisions of this Law or anything required to be done pursuant to this Law.
A person submitting a complaint on behalf of another under subsection (1) shall provide written authorization from the aggrieved person.
On receiving a complaint referred to in subsection (1), or on the Commissioner’s own motion, the Commissioner may conduct an investigation.
The matters to which the Commissioner may have regard in determining whether or not to conduct an investigation referred to in subsection (1) include —
the extent to which the complaint appears to the Commissioner to raise a matter of substance;
any undue delay in making the complaint;
whether a complaint is frivolous or vexatious; and
whether or not the person making the complaint is entitled to make a request under section 8 in respect of the personal data in question.
The Commissioner may consult with the Information and Communications Technology Authority with regards to the enforcement functions under this Law where the matters before the Commissioner relate to the operation of information and communications technology networks, the provision of related services or on the application of the seventh data protection principle.
The Information and Communications Technology Authority shall comply with any reasonable request made by the Commissioner, in accordance with the Commissioner’s enforcement functions, for advice on technical and similar matters relating to the operation of information and communications technology networks, the provision of related services or on the application of the seventh data protection principle.

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