S.L. 418.3 Art. 9Investigations and complaints.

(1) The Authority shall initiate investigations on the website or mobile application of a public sector body where he has reason to believe that such public sector body has acted or is acting in breach of these regulations.

(2) The Authority shall also initiate investigations on the website or mobile application of a public sector body upon the receipt of a complaint in writing by any person alleging that such public sector body provided an unsatisfactory response or failed to provide a response to a notification or request within the time period specified in sub-regulation (5) of regulation 7, or has otherwise acted or is acting in breach of the provisions of these regulations.

(3) When commencing an investigation pursuant to sub-regulation (1) or (2), the Authority shall notify all the parties concerned in accordance with the methods of service set out in regulation 13, that it intends to carry out an investigation. When notifying the public sector body concerned, the Authority shall inform it that the Authority has reason to believe that that public sector body acted or is acting in breach of these regulations, and shall grant the public sector body concerned fifteen (15) days from the service to reply in writing to the Authority, stating whether that public sector body considers the complaint to be justified, which course of action it will be taking to remedy the situation, as the case may be, and a reasonable time line within which it will implement the course of action as indicated.

(4) By means of a notice in a format accessible to the intended recipient, the Authority may, if so required for the purpose of carrying out an investigation, request any person –

(a) to provide it with any information that may be described in the said notice;

(b) to produce any documents in possession or control of that person relating to the investigation:

Provided that a person shall not be obliged to give information or produce a document requested if that person is deemed to be exempt from providing that information or producing the document before the Court in civil proceedings.

(5) The Authority shall communicate its decision stating whether or not the public sector body concerned has failed to comply with, or has otherwise acted or is acting in breach of, any of the requirements set out in these regulations to the parties concerned, in accordance with the methods of service set out in regulation 13. In its decision of the Authority shall give the reasons for its finding of a breach of these regulations, and shall request the public sector body concerned to undertake any remedial action the Authority deems necessary in the circumstances within a specified time limit and inform the public sector body that, in default, the Authority shall proceed to undertake compliance measures as provided for in these regulations:

Provided that the Authority may, upon receipt of a request by the public sector body concerned made in writing or by electronic means within seven (7) days of service of the decision, decide to extend the time limit for compliance with the decision if the Authority considers that the circumstances of the case so warrant.

(6) In the event that the public sector body concerned, having been served with the decision of the Authority as provided in sub-regulation (5), fails to take the necessary action within the specified time limit, the Authority shall in the first instance proceed to undertake a compliance measure consisting of the publication of the name of the public sector body and of the decision of the Authority in accordance with the provisions of regulation 11:

Provided that, prior to taking of any such compliance measures pursuant to this sub-regulation, the Authority shall issue a final warning to the public sector body concerned in accordance with the methods of service set out in regulation 13, stipulating a further time-limit which may not exceed fifteen (15) days from service of such warning within which the public sector body must comply with its decision, and specifying the compliance measures that will be taken if the public sector body concerned remains in default of such compliance:

(7) If notwithstanding the publication of the name of the public sector body and of the decision of the Authority as provided for in sub-regulation (6), the public sector body persists in not complying with the aforesaid decision, the Authority may then impose an administrative fine in accordance with the provisions of regulation 11.