The Data Protection (Complaints Handling Procedure and Enforcement) Regulations

4. Lodging of a complaint

Edition: 2022-12-31 · In force

4. Lodging of a complaint

(1)Pursuant to section 56 of the Act, a data subject or any person aggrieved on any matter under the Act may lodge a complaint with the Data Commissioner.

(2)A complaint lodged under subregulation (1) may be lodged in Form DPC 1 set out in the Schedule—

(a)orally, subject to section 56(3) of the Act;

(b)through electronic means, including email, web posting, complaint management information system; or

(c)by any other appropriate means.

(3)A complaint under subregulation (1) may be lodged—

(a)by the complainant in person;

(b)by a person acting on behalf of the complainant;

(c)by any other person authorized by law to act on behalf of a data subject; or

(d)anonymously.

(4)The Data Commissioner shall acknowledge receipt of the complaint within seven days of receipt of the complaint under subregulation (1).

(5)The complaint under subregulation (1) shall be lodged free of charge.

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Source: Kenya Law