within which an appeal may be brought against the notice and, if the appeal is
brought, the notice may not be complied with pending the determination or
withdrawal of the appeal.
(7) Despite subsection (6), the Commission may in exceptional
circumstances order that the notice apply immediately.
Cancellation of enforcement notice
76. The Commission may on its own motion or on an application
made by a person on whom a notice is served, cancel or vary the notice
to that person.
Request for assessment
77. (1) A person who is affected by the processing of any personal data
may on that person’s own behalf or on behalf of another person request
the Commission to make an assessment as to whether the processing is in
compliance with the provisions of this Act.
(2) On receiving a request, the Commission may make an assessment in
the manner that the Commission considers appropriate.
(3) The Commission may consider the following in determining whether
an assessment is appropriate:
(a) the extent to which the request appears to the Commission to raise
a matter of substance;
(b) any undue delay in making the request; and
(c) whether or not the person making the request is entitled to make an
application in respect of the personal data in question.
(4) The Commission shall not publish the report of any finding
(a) the request is accompanied with the prescribed fee, or
(b) the Commission waives payment based on proven pecuniary
challenges of the applicant.
(5) Where the Commission finds that the processing by a data controller is
contrary to the provisions of this Act, the Commission shall issue an
information notice to the data controller specifying the contravention, and give
the data controller notice to cease processing personal data.
Determination by the Commission
78. (1) Where at any time it appears to the Commission that personal
data
(a) is being processed in a manner inconsistent with the provisions of
this Act, or
(b) is not being processed with a view to the publication by a
person of a journalistic, literary or artistic material which
has not previously been published by the data controller
the Commission may make a determination in writing to that effect.
(2) The Commission shall give a notice of the determination to the
data controller.