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Determine not to investigate privacy rights violation complaints under certain conditions.


CONTROL ID
00482
CONTROL TYPE
Behavior
CLASSIFICATION
Preventive

SUPPORTING AND SUPPORTED CONTROLS



This Control directly supports the implied Control(s):
  • Investigate privacy rights violation complaints., CC ID: 00480

This Control has the following implementation support Control(s):
  • Refrain from investigating a privacy rights violation complaint when the act or practice does not interfere with an individual's privacy., CC ID: 00483
  • Refrain from investigating a privacy rights violation complaint when the complaint is created outside the stipulated time frame after the complainant became aware of it., CC ID: 00484
  • Refrain from investigating a privacy rights violation complaint when the complaint is frivolous, vexatious, misconceived, or lacking in substance., CC ID: 00485
  • Refrain from investigating a privacy rights violation complaint if the act or practice is subject to an application under another commonwealth law, state law, or territory law, and the complaint was or is being dealt with adequately under the law., CC ID: 00486


SELECTED AUTHORITY DOCUMENTS COMPLIED WITH



  • Requests from the authorized personal information protection organization to a target business operator for relevant materials or oral or written reasons to address privacy violation complaints may not be rejected by the target business operator without justifiable grounds. (Art 42(3), Japan Act on the Protection of Personal Information Protection (Law No. 57 of 2003))
  • The information commissioner must not investigate complaints where the complainant did not complain to the respondent before making the complaint to the commissioner, however, the commissioner may investigate the complaint if he or she determines that it was not inappropriate for the complainant to … (§ 40(1A), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner may decide not to investigate, or not to investigate further, a complaint about an act or practice if the complainant has complained to the respondent and the respondent is dealing with or has dealt with the complaint adequately. (§ 41(2)(a), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner may decide not to investigate, or not to investigate further, a complaint about an act or practice when the complainant has complained to the respondent and the respondent has not had an adequate opportunity to deal with the complaint. (§ 41(2)(b), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner shall notify the commissioner of police or the director of public prosecutions, give them a copy of the complaint, and stop the investigation when he or she determines that a tax file number offense, a healthcare identifier offense, an Anti-Money Laundering and counter-t… (§ 49(1), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner must notify the registrar of Personal Property securities, give them a copy of the complaint, and stop the investigation when he or she determines that the personal properties security act of 2009 may have been violated. (§ 49A(1), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner shall transfer the complaint to the ombudsman, the public service commissioner, the australian Human Rights Commission, the overseas students ombudsman, or the postal industry ombudsman; notify the complainant of the transfer; and give any information or documentation as… (§ 50(2), Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The information commissioner shall not continue to investigate a matter that is under investigation by the auditor-general unless the 2 parties agree to the contrary. (§ 51, Act No. 119 of 1988 as amended, taking into account amendments up to Freedom of Information Amendment (Parliamentary Budget Office) Act 2012)
  • The Federal Commissioner may disregard a complaint or from the concerned body, if irregularities are insignificant or have been corrected. (§ 25(2), German Federal Data Protection Act, September 14, 1994)
  • Notifications must be filed away by the Office, if the matter at issue is not in its competence; the requirements of section 9 were not completed or specified upon request in a predetermined time limit on request by the Office; the informant does not cooperate; the informant wants his/her identity t… (§ 45(3) thru § 45(5), Slovak Republic Protection of Personal Data in Information Systems)
  • Is unduly costly or burdensome; (§ 160.516(e)(2)(ii), 45 CFR Part 160 - General Administrative Requirements)
  • Will unduly delay the proceeding; or (§ 160.516(e)(2)(iii), 45 CFR Part 160 - General Administrative Requirements)