15.
(1) Where the complaint is to be determined through
negotiations, mediation or conciliation, the provisions of these
Regulations shall apply.
(2)Where parties to a complaint agree to negotiation, mediation
or conciliation, the Data Commissioner may in consultation with the
parties facilitate the process.
(3) During the negotiations, mediation or conciliation, the Data
Commissioner may apply such procedures as may, in the interest of the
parties, deem appropriate in the circumstances.
(4) At the conclusion of the negotiations, mediation or
conciliation process, the parties shall sign a negotiation, mediation or
conciliation agreement in the manner specified in Form DPC 5 set out
in the Schedule.
(5) A negotiation, mediation or conciliation agreement entered
into under this regulation shall be deemed to be a determination of the
Data Commissioner, and shall be enforceable as such.
(6) Despite this regulation, a party to dispute who is subject to a
negotiation, mediation or conciliation may withdraw from the
proceedings at any stage and shall notify the Data Commissioner and
other parties of such withdrawal within seven days from the date of
making such a decision.
(7) Parties to a dispute shall take all reasonable measures to
amicably determine a dispute and act in good faith.
(8) Where the complaint is not determined through negotiation,
mediation or conciliation, the Data Commissioner shall proceed to
determine the complaint as provided for in the Act and these
Regulations.