The Data Protection Bill, 2018
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the complaint is trivial, frivolous or vexatious or is
not made in good faith;
the complainant does not desire that action be
taken or, as the case may be, continued;
the complainant does not have a personal interest
in the subject matter of the complaint;
there is in force, a code of practice that provides a
procedure that would adequately address the
complaint and the complainant has failed to pursue
this avenue of redress; or
there is in existence, an adequate remedy, or other
right of appeal other than to the Commission, that
it would be reasonable for the complainant to
pursue.
The Commission may decline to take further action
on a complaint if, in the course of investigating the
complaint, it appears to the Commission that having regard
to all the circumstances of the case, no further action is
necessary.
Where the Commission declines to take action or
further action on a complaint, it shall inform the
complainant of its decision and the reasons for its decision.
36. (1) Where it appears to the Commission that it
may be possible to secure a settlement with respect to a
complaint between any of the parties concerned and, if
appropriate, a satisfactory assurance against the doing or
repetition of any action or similar action of the kind that
forms the basis of the complaint by the person concerned,
the Commission may, without investigating the complaint
or undertaking further investigations as the case may be,
secure such settlement or assurance.
Where, upon inquiry into a complaint lodged under
section 34(1) the Commission is satisfied that a person has
contravened, is contravening or may contravene any of the
provisions of this Act, the Commission may issue a notice
to that person requiring the person to take or refrain from
taking, within such period as may be specified, such action
as the Commission may specify.
The Commission may, pursuant to subsection (2),
require a person to rectify, block, erase or destroy any
inaccurate data.
Settlement of
complaints.