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Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 1 July 2011 - onwards

Regulation 17 Commissioner's powers of enforcement

(1) The Commissioner may investigate, or cause to be investigated, whether any prescribed provision of these Regulations has been, is being or is likely to be contravened or not complied with. The power may be exercised either as a result of a complaint made by or on behalf of the person or on the Commissioner's own initiative as a result of forming an opinion that there may be such a contravention.

(2) Unless of the opinion that a complaint referred to in paragraph (1) is frivolous or vexatious, as soon as practicable after the complaint is received the Commissioner shall ensure that the complaint is investigated having regard to the Commissioner's responsibilities under the Data Protection Acts.

(3) If, after a reasonable time, the Commissioner is unable to bring about an amicable resolution of the matter to which a complaint relates (other than a complaint giving rise to the commission of an offence), the Commissioner shall notify the complainant in writing of the Commissioner's decision in relation to the matter. The notice must include a statement to the effect that, if the complainant is dissatisfied with the Commissioner's decision, the complainant has a right to appeal to the Circuit Court under Regulation 21 against the decision within 21 days after the date on which the decision is notified to the complainant under this paragraph.