Personal Data Protection Act 2010 · Updated to 15 Sep 2026 · Part VIII · Inspection, Complaint and Investigation
106. Restriction on investigation initiated by complaint
Feedback & supportThe Commissioner may refuse to carry out or continue an investigation initiated by a complaint if he is of the opinion that, having regard to all the circumstances of the case—
Commissioner
“Commissioner” means the Personal Data Protection Commissioner appointed under section 47;
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;
the act, practice or request specified in the complaint is trivial;
the complaint is frivolous, vexatious or is not made in good faith; or
any investigation or further investigation is for any other reason unnecessary.
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—
this Act
“this Act” includes regulations, orders, notifications and other subsidiary legislation made under this Act;
if—
the complainant; or
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;
if the complaint is made anonymously;
if the complainant cannot be identified or traced;
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if the Commissioner is satisfied that the relevant data controller has not been a data controller for a period of not less than two years immediately preceding the date on which the Commissioner received the complaint; or
in any other circumstances as he thinks fit.
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.
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.
relevant person
“relevant person”, in relation to a data subject, howsoever described, means— (a) in the case of a data subject who is below the age of eighteen years, the parent, guardian or person who has parental responsibility for the data subject; Personal Data Protection 15 (b) in the case of a data subject who is incapable of managing his own affairs, a person who is appointed by a court to manage those affairs, or a person authorized in writing by the data subject to act on behalf of the data subject; or (c) in any other case, a person authorized in writing by the data subject to make a data access request, data correction request, or both such requests, on behalf of the data subject;