ADVOKS GLOBAL · KENYA
The Data Protection (Complaints Handling Procedure and Enforcement) Regulations
14. Outcome of investigation
Edition: 2022-12-31 · In force
14. Outcome of investigation
(1)The Data Commissioner shall, upon the conclusion of the investigations, make a determination based on the findings of the investigations.(2)A determination under subregulation (1) shall be in writing and shall state—(a)the nature of the complaint;(b)a summary of the relevant facts and evidence adduced;(c)the decision and the reasons for the decision;(d)the remedy to which the complainant is entitled; and(e)any other relevant matter.(3)The remedies contemplated under subregulation (2)(d) may include—(a)issuance of an enforcement notice to the respondent in accordance with the Act and these Regulations;(b)issuance of a penalty notice imposing an administrative fine where a respondent fails to comply with the enforcement notice;(c)dismissal of the complaint where it lacks merit;(d)recommendation for prosecution; or(e)an order for compensation to the data subject by the respondent.(4)The Data Commissioner shall within seven days from the date of such determination, communicate the decision under subregulation (3) to the parties, in writing.(5)The decision of the Data Commissioner made under these Regulations shall be—(a)binding on the parties; and(b)shall be enforced as an order of the Court.