Personal Data Protection Order, 2025 · As enacted · Part · Investigation and Offences
43. Powers of investigation
Official textFrom Attorney General's Chambers, unchanged
The Authority may, on complaint or of its own motion, conduct an investigation under this section to determine whether or not an organisation is complying with this Order, including a voluntary undertaking given under section 39.
Authority
"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
The Authority may suspend, discontinue or refuse to conduct an investigation under this section if it thinks fit, including but not limited to any of the following circumstances -
investigation
"investigation" means an investigation relating to - fa} a breach of an agreement; fb} a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or {cj a circumstance or conduct that may result in a remedy or relief being available under any written law;
(a} the complainant has not complied with a direction under section 34(2);
the parties involved in the matter have mutually agreed to settle the matter;
any party involved in the matter has commenced legal proceedings against another party in respect of any contravention or alleged contravention of this Order by the other party;
the Authority accepts a voluntary undertaking given by an organisation under section 39( 1) in relation to the matter;
{e) the Authority is of the opinion that the matter may be more appropriately investigated by another regulatory authority and has referred the matter to that authority; or
the Authority is of the opinion that -
a complaint is frivolous or vexatious or is not made in good faith; or
any other circumstances warrant refusing to conduct, suspending or discontinuing the investigation.
For the avoidance of doubt, notwithstanding subsection (Z)(d}, the
Authority may conduct or resume an investigation under this section at any time if an organisation fails to comply with a voluntary undertaking given under section 39(1) in relation to any matter.
organisation
"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
An organisation shall retain records relating to an investigation under this section for one year after the conclusion of the investigation or any longer period specified in writing by the Authority.
Terms defined in s 2
Authority
Defined · s 2"Authority" means the Authority for Info-communications Technology Industry of Brunei Darussalam established by section 3 of the Authority for Info-communications Technology Industry of Brunei Darussalam Order, 2001;
investigation
Defined · s 2"investigation" means an investigation relating to - fa} a breach of an agreement; fb} a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or {cj a circumstance or conduct that may result in a remedy or relief being available under any written law;
organisation
Defined · s 2"organisation" includes any individual, company, association or body of persons, corporate or unincorporated, whether or not- (a} formed or recognised under the law of Brunei Darussalam; or (bJ resident, or having an office or a place of business, in Brunei Darussalam;
proceedings
Defined · s 2"proceedings" means any civil, criminal or administrative proceedings by or before a court, tribunal or regulatory authority that is related to the allegation of - (aJ a breach of an agreement; 13 8th. JANUARY, 2025 (b) a contravention of any written law or any rule of professional conduct or other requirement imposed by any regulatory authority in exercise of its powers under any written law; or (c) a wrong or a breach of a duty for which a remedy is claimed under any law;
Part