The Data Protection Bill, 2012
the subject-matter of the complaint arose and the date
when 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 or vexatious or is not made in
good faith;
(d) the individual alleged to be aggrieved does not desire that
action be taken or, as the case may be, continued;
(e) the complainant does not have sufficient personal interest
in the subject-matter of the complaint;
(f) where—
(i)
the complaint relates to a matter in respect of which
a code of practice issued under this Act is in force;
and
(ii)
the code of practice makes provision for complaints
procedure and the complainant has failed to pursue,
or to pursue fully, an avenue of redress available
under that complaints procedure that it would be
reasonable for the complainant to pursue; or give the
person a place of referral; or
(g) there is in all the circumstances an adequate remedy, or
other right of appeal other than to the Commission, that it
would be reasonable for the individual alleged to be
aggrieved to exercise.
(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 investigation of the complaint, it
appears to the Commission that, having regard to all the
circumstances of the case, any further action is unnecessary.
(3) In any case where the Commission decides to take no action,
or no further action, on a complaint, the Commission shall inform
the complainant of that decision and the reasons for it
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