Personal Data Protection Act 2010 · Updated to 15 Sep 2026 · Part VIII · Inspection, Complaint and Investigation
105. Investigation by Commissioner
Feedback & supportWhere the Commissioner receives a complaint under section 104, the Commissioner shall, subject to section 106, carry out an investigation in relation to the relevant data controller to ascertain whether the act, practice or request specified in the complaint contravenes the provisions of this Act.
Commissioner
“Commissioner” means the Personal Data Protection Commissioner appointed under section 47;
Where the Commissioner has reasonable grounds to believe that an act, practice or request has been done or engaged in, or is being done or engaged in, by the relevant data controller that relates to personal data and such act, practice or request may be a contravention of the provisions of this Act, the Commissioner may carry out an investigation in relation to the relevant data controller to ascertain whether the act, practice or request contravenes the provisions of this Act.
personal data
“personal data” means any information in respect of commercial transactions, which— (a) is being processed wholly or partly by means of equipment operating automatically in response to instructions given for that purpose; (b) is recorded with the intention that it should wholly or partly be processed by means of such equipment; or (c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, that relates directly or indirectly to a data subject, who is identified or identifiable from that information or from that and other information in the possession of a data user, including any sensitive personal data and expression of opinion about the data subject; but does not include any information that is processed for the purpose of a credit reporting business carried on by a credit reporting agency under the Credit Reporting Agencies Act 2010;
Part IX shall apply in respect of investigations carried out by the Commissioner under this Part.
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