The Data Protection (Complaints Handling Procedure and Enforcement) Regulations

7. Discontinuation of a complaint

Edition: 2022-12-31 · In force

7. Discontinuation of a complaint

(1)The Data Commissioner may discontinue an existing complaint in Form DPC 2 set out in the Schedule, where—

(a)a complaint does not merit further consideration; or

(b)a complainant refuses, fails or neglects to communicate without justifiable cause.

(2)The Data Commissioner shall provide the reasons for discontinuation on any of the grounds specified under subregulation (1)(a) or (b) and shall, in writing, notify the complainant and respondent within fourteen days from the date the decision to discontinue a complaint is made.

(3)A complainant may, where a complaint has been discontinued pursuant to these Regulations, re-institute a complaint upon providing grounds for the restitution to the Data Commissioner.

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Source: Kenya Law