Marginal note:Reasons for refusing or ceasing to investigate

(4) The Information Commissioner may refuse or cease to investigate a complaint if, in the Commissioner’s opinion,

• (a) the complaint is trivial, frivolous or vexatious or is made in bad faith; or

• (b) an investigation or any further investigation is unnecessary having regard to all the circumstances of the complaint, including that the complaint is already the subject of an investigation or that the subject matter of the complaint has already been the subject of a report by the Commissioner.

Marginal note:Notice

(5) If the Information Commissioner refuses or ceases to investigate a complaint, he or she shall give a written notice to

• (a) the complainant, stating the reasons for refusing or ceasing to investigate the complaint;

• (b) the head of the government institution concerned, if the Commissioner provided the head of the institution with a notice under section 32;

• (c) any third party that was entitled under paragraph 35(2)(c) to make and that made representations to the Commissioner in respect of the complaint; and

• (d) the Privacy Commissioner, if the Information Commissioner consulted him or her under subsection 36(1.1) or section 36.2.