Data Protection Act, 1988 17 of 50 https://www.irishstatutebook.ie/eli/1988/act/25/enacted/en/print.html?printonload=true The Data Protection Commissioner The Commissioner. 9.—(1) For the purposes of this Act, there shall be a person (referred to in this Act as the Commissioner) who shall be known as an Coimisinéir Cosanta Sonraí or, in the English language, the Data Protection Commissioner; the Commissioner shall perform the functions conferred on him by this Act. (2) The provisions of the Second Schedule to this Act shall have effect in relation to the Commissioner. Enforcement of data 10.—(1) (a) The Commissioner may investigate, or cause to be investigated, whether any of the provisions of this Act have been, are being or are likely to be contravened by a data controller or a data processor in relation to protection. an individual either where the individual complains to him of a contravention of any of those provisions or he is otherwise of opinion that there may be such a contravention. (b) Where a complaint is made to the Commissioner under paragraph (a) of this subsection, the Commissioner shall— (i) investigate the complaint or cause it to be investigated, unless he is of opinion that it is frivolous or vexatious, and (ii) as soon as may be, notify the individual concerned in writing of his decision in relation to the complaint and that the individual may, if aggrieved by his decision, appeal against it to the Court under section 26 of this Act within 21 days from the receipt by him of the notification. (2) If the Commissioner is of opinion that a person, being a data controller or a data processor, has contravened or is contravening a provision of this Act (other than a provision the contravention of which is an offence), the Commissioner may, by notice in writing (referred to in this Act as an enforcement notice) served on the person, require him to take such steps as are specified in the notice within such time as may be so specified to comply with the provision concerned. (3) Without prejudice to the generality of subsection (2) of this section, if the Commissioner is of opinion that a data controller has contravened section 2 (1) of this Act, the relevant enforcement notice may require him— (a) to rectify or erase any of the data concerned, or 21.02.23, 18:36

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