Action on receipt of complaint – Section 76

Chapter 10

Enforcement

Section 76

Action on receipt of complaint

  1. On receiving a complaint in terms of section 74, the Regulator may—
    1. conduct a pre-investigation as referred to in section 79;
    2. act, at any time during the investigation and where appropriate, as conciliator in relation to any interference with the protection of the personal information of a data subject in the prescribed manner;
    3. decide, in accordance with section 77, to take no action on the complaint or, as the case may be, require no further action in respect of the complaint;
    4. conduct a full investigation of the complaint;
    5.  refer the complaint, in terms of section 92, to the Enforcement Committee; or
    6. take such further action as is contemplated by this Chapter.
  2. The Regulator must, as soon as is reasonably practicable, advise the complainant and the responsible party to whom the complaint relates of the course of action that the Regulator proposes to adopt under subsection (1).
  3. The Regulator may, on its own initiative, commence an investigation into the interference with the protection of the personal information of a data subject as referred to in section 73.

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