ADVOKS GLOBAL · KENYA
The Data Protection (Complaints Handling Procedure and Enforcement) Regulations
11. Notification of a complaint to the respondent
Edition: 2022-12-31 · In force
11. Notification of a complaint to the respondent
(1)Upon admission of a complaint, the Data Commissioner shall notify the respondent of the complaint lodged against him, in Form DPC 3 set out in the Schedule and shall require the respondent to within twenty-one days—(a)make representations and provide any relevant material or evidence in support of its representations;(b)review the complaint with a view of summarily resolving the complaint to the satisfaction of the complainant; or(c)provide a response with the required information.(2)Where a respondent does not take any action as contemplated under subregulation (1), the Data Commissioner shall proceed to determine the complaint in accordance with the Act and these Regulations.(3)The notice referred to under subregulation (1) shall specify options available to resolve a complaint including determining the complaint through alternative dispute resolution mechanisms specified in the Act and these Regulations.