Data Protection Act 2018

109.

Commission to handle complaint under Chapter 2

109. (1) For the purposes of section 108(2)(a) , the Commission shall examine the complaint and shall, in accordance with this section, take such action in respect of it as the Commission, having regard to the nature and circumstances of the complaint, considers appropriate.

(2) The Commission, where it considers that there is a reasonable likelihood of the parties concerned reaching, within a reasonable time, an amicable resolution of the subject matter of the complaint, may take such steps as it considers appropriate to arrange or facilitate such an amicable resolution.

(3) Where the parties concerned reach an amicable resolution of the subject matter of the complaint, the complaint shall, from the date on which the amicable resolution is reached, be deemed to have been withdrawn by the complainant concerned.

(4) Where the Commission considers that an amicable resolution cannot be reached by the parties within a reasonable time, it shall proceed—

(a) in the case of a complaint to which section 113 applies, to comply with section 113(2) , or

(b) in the case of any other complaint, to take an action specified in subsection (5).

(5) The actions referred to in subsection (4)(b) include one or more than one of the following:

(a) rejection of the complaint;

(b) dismissal of the complaint;

(c) provision to the complainant of advice in relation to the subject matter of the complaint;

(d) serving on the controller or processor concerned of an enforcement notice, requiring it to do one or more than one of the following:

(i) comply with the data subject’s request to exercise his or her rights pursuant to a relevant enactment;

(ii) where the enforcement notice is given to the controller, communicate a personal data breach to the data subject;

(iii) rectify or erase personal data or restrict processing pursuant to Article 16, 17 or 18, and, in respect of that action, to comply with Article 19 and, where applicable, Article 17(2);

(e) causing of such inquiry as the Commission thinks fit to be conducted in respect of the complaint;

(f) taking of such other action in respect of the complaint as the Commission considers appropriate.

(6) The Commission shall, as soon as practicable after taking an action referred to in subsection (5) (other than paragraph (e) of that subsection), give the complainant a notice in writing informing the complainant of the action taken.