|
|
Decision of Commission where inquiry conducted in respect of complaint to which Article 55 or 56(5) applies
|
| |
112. (1) Where an inquiry has been conducted in respect of a complaint in respect of which the Commission is the competent supervisory authority under Article 55 or 56(5), the Commission, having considered the information obtained in the examination, may—
|
| |
(a) if satisfied that an infringement by the controller or processor to which the complaint relates has occurred or is occurring, make a decision to that effect, or
|
| |
(b) if not so satisfied, make a decision to dismiss the complaint.
|
| |
(2) Where the Commission makes a decision under subsection (1)(a), it shall, in addition, make a decision—
|
| |
(a) as to whether a corrective power should be exercised in respect of the controller or processor concerned, and
|
| |
(b) where it decides to so exercise a corrective power, the corrective power that is to be exercised.
|
| |
(3) The Commission, where it makes a decision referred to in subsection (2)(b), shall exercise the corrective power concerned.
|