Commentary on Sections Code of practice Section 15: Complaints procedure
28.Subsection (1) of section 15 of the Act requires the Commissioner to establish and retain a procedure by which an individual, or their representatives, can make complaints or other representations to the Commissioner about a breach of the code of practice in relation to that individual’s biometric data. Subsection (2) provides that the procedure is to be available whether or not the individual has already instigated a complaint through the complaints mechanism of the body they are complaining about. In determining the complaints procedure, the Commissioner is to consult various persons under subsection (3). Under subsection (4), the Commissioner must publicise the procedure as the Commissioner considers appropriate and provide a copy of the procedure to anyone who asks for it. Subsection (5) provides that the Commissioner must keep the procedure under review and vary it whenever the Commissioner considers it appropriate to do so, having first consulted the prescribed consultees. Subsection (6) ensures that the rules about the availability of the procedure and the requirement to keep it under review and vary it as necessary apply equally to the revised procedure as they do to the initial one.