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Inquiries Committee Terms of Reference

The primary purpose of the Data Protection Commission Inquiries Committee is to make decisions on:

  1. The commencement of inquiries under either Section 110(1) or 123(1) of the Data Protection Act 2018 (the “Act”);
  2. The accountability and assignment of resources for conducting any inquiry that has been confirmed under i above.

The Inquiries Committee may also make other decisions related to inquiries or provide specific direction, such as, but not limited to, the following examples:

  • The basis for an inquiry, under Section 111/124 (own volition) or Sections 112/125 (complaint-based);
  • The type of inquiry (and the procedures to be followed) having regard to the discretion provided for in section 110(1) of the Act and to be exercised by reference to the background to the matter the subject of the inquiry;
  • The commencement of an EDPB strategic inquiry where a case for which the DPC is LSA has been nominated by another Data Protection Authority (DPA);
  • The conversion of an existing inquiry into an EDPB strategic inquiry;
  • The deferment or de-prioritisation of an existing inquiry;
  • The suitability of an alternative approach for a given matter, which may include the exercise of powers;
  • The commencement of an investigation under Section 110(2)(b) of the Act;
  •  Initial handling of any complaint that the DPC receives from a non-governmental organisation (NGO), including under Article 80(2), and particularly on the approach to be adopted by the DPC in engaging with the NGO.

The Inquiries Committee’s scope includes decisions on both cross-border and non-cross-border inquiries to be commenced under the GDPR. Its scope also includes decisions on inquiries commenced under the Law Enforcement Directive. The Terms of Reference for the Inquiries Committee are available here.