Malaysia legislation
Section 106
Section 106
(a)
the complaint, or a complaint of a substantially similar nature, has previously initiated an investigation as a result of which the Commissioner was of the opinion that there has been no contravention of the provisions of this Act;
(b)
the act, practice or request specified in the complaint is trivial;
Personal Data Protection 73
(c)
the complaint is frivolous, vexatious or is not made in good faith; or
(d)
any investigation or further investigation is for any other reason unnecessary.
(2)
Notwithstanding the generality of the powers conferred on the Commissioner by this Act, the Commissioner may refuse to carry out or continue an investigation initiated by a complaint—
(a)
if—
(i)
the complainant; or
(ii)
in the case where the complainant is a relevant person in relation to a data subject, the data subject or relevant person, as the case may be, has had actual knowledge of the act, practice or request specified in the complaint for more than two years immediately preceding the date on which the
Commissioner received the complaint, unless the
Commissioner is satisfied that in all the circumstances of the case it is proper to carry out or continue the investigation;
(b)
if the complaint is made anonymously;
(c)
if the complainant cannot be identified or traced;
(d)
if the Commissioner is satisfied that the relevant data user has not been a data user for a period of not less than two years immediately preceding the date on which the Commissioner received the complaint; or
(e)
in any other circumstances as he thinks fit.
(3)
Where the Commissioner refuses under this section to carry out or continue an investigation initiated by a complaint, he shall, as soon as practicable but in any case not later than thirty days after the date of receipt of the complaint, by notice in writing served on the complainant inform the complainant of the refusal and of the reasons for the refusal.
Act 709
(4)
An appeal may be made to the Appeal Tribunal against any refusal specified in the notice under subsection (3) by the complainant on whom the notice was served or if the complainant is a relevant person, by the data subject in respect of whom the complainant is the relevant person.
Commissioner may carry out or continue investigation initiated by complaint notwithstanding withdrawal of complaint