Page:Personal Data Protection Act 2012.pdf/44

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PERSONAL DATA PROTECTION
45


PART X
GENERAL

Advisory guidelines

49.—(1) The Commission may, from time to time, issue written advisory guidelines indicating the manner in which the Commission will interpret the provisions of this Act.

(2) Guidelines issued under this section may, from time to time, be varied, amended or revoked by the Commission.

(3) The Commission shall publish the guidelines in any way the Commission thinks fit, but failure to comply with this subsection in respect of any guidelines shall not invalidate the guidelines.

Powers of investigation

50.—(1) The Commission may, upon complaint or of its own motion, conduct an investigation under this section to determine whether an organisation is not complying with this Act.

(2) The powers of investigation under this section of the Commission and the inspectors shall be as set out in the Ninth Schedule.

(3) The Commission may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances:

(a) the complainant has not complied with a direction under section 27(2);
(b) the parties involved in the matter have mutually agreed to settle the matter;
(c) any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Act by the other party;
(d) the Commission is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority; or