No. 31 of 2016
(d)
(e)
(f)
(g)
(h)
Access to Information
work with public entities to promote the right to access to information
and work with other regulatory bodies on promotion and compliance
with data protection measures in terms of legislation;
monitor state compliance with international treaty obligations relating
to freedom of and right of access to information and protection of
personal data;
hear and determine complaints and review decisions arising from
violations of the right to access to information;
promote protection of data as provided for under this Act or the
Constitution; and
perform such other functions as the Commission may consider
necessary for the promotion of access to information and promotion
of data protection.
(2) The Commission shall have all the powers as are provided for under this
Act, its constitutive Act and the Constitution as are necessary for the performance
of its functions under this Act.
(3) The decisions of the Commission shall be binding on the national and county
governments.
22. Inquiry into complaints
(1) A person wishing to lodge a complaint under this Act shall do so orally or
in writing to the secretary or such other person as may be duly authorized by the
Commission for that purpose.
(2) A complaint lodged under subsection (1) shall be in such form and contain
such particulars as the Commission may, from time to time, prescribe.
(3) Upon receipt of a complaint under subsection (1), the Commission may—
(a) call for information or a report regarding such complaint from the
public entity or any other body within such reasonable time as may
be specified by the Commission and—
(i) if the information or report called for is not received within
the time stipulated by the Commission, the Commission may
proceed to inquire into the complaint without such information
or report; and
(ii) if on receipt of the information or report the Commission
is satisfied either that no further action is required or that
the required action has been initiated by the public entity,
the Commission shall, in writing, inform the complainant
accordingly and take no further action; or
(b) without prejudice to paragraph (a), initiate such inquiry as it considers
necessary, having regard to the nature of the complaint.
23. Powers of the Commission
(1) In the performance of its functions under this Act, the Commission shall
have the power to—
(a) issue summonses or other orders requiring the attendance of any
person before the Commission and the production of any document
or record relevant to any investigation by the Commission;