(3) The Commission shall, within a prescribed period, advise the complainant
and the data controller to whom the complaint relates of the course of action
that the Commission proposes to adopt under subsection (1).
No action by the Commission
41
(1) The Commission may, after receiving a complaint in terms of section 39,
decide not to take any action if, in the Commission’s opinion –
(a) the length of time that has elapsed between the date on which the
subject matter of the complaint arose and the date on which the
complaint was made is such that an investigation of the complaint is
no longer practicable or desirable;
(b) the subject matter of the complaint is trivial;
(c) the complaint is frivolous, vexatious or is not made in good faith;
(d) the complainant does not desire that action be taken or continued;
(e) the complainant does not have sufficient personal interest in the
subject matter of the complaint;
(f) the complaint relates to a matter governed by an approved code of
conduct which makes provision for a complaints procedure, and the
complainant has failed to use the complaints procedure as provided
for in that code; or
(g) the complaint relates, in whole or in part, to a matter that is more
properly within the jurisdiction of another regulatory body.
(2) Notwithstanding anything in subsection (1) the Commission may in its
discretion decide not to take any further action on a complaint if, in the
course of the an investigation of the complaint, it appears to the Commission