Reviews & Orders (Part 11)
An individual may ask for review of a decision or an act of failure to provide an access or correction to the personal information by an organization.
The review request to be made before the Commissioner, alternatively an individual may also make a complaint to the Commissioner. If Commissioner is satisfied then he/she may defer the beginning or adjourn the review.
The review or complaint to be made by making a request within 30 days of the notification of the circumstances on which the request is based. The 30 days may be extended if allowed by the Commissioner.
On receipt of review notification the Commissioner must serve the copy to the Organization. The Commissioner may authorize the mediation to investigate and to settle the matter between/among the parties. However, if the matter is not so settled the Commissioner may conduct a private inquiry and decide all questions of law and facts pertaining to the issue. The Commissioner must give an opportunity to make representation to the concerned organization.
The review inquiry will be concluded within 90 days unless the later date is specified by the Commissioner. The conclusion to be notified to the Individual who made the request or the concerned organization. The adjournment period must not be included in the calculation.
The burden of proof lies on the Organization to the satisfaction of the Commissioner that the individual has no right to access his personal information. On completion of due inquiry the Commissioner must draw an order and the copy of the same to be given to the Individual or the concerned organization. The organization must comply with the order within 30 days from the receipt of order copy unless the judicial review of the order is not brought before that period ends.