Data Protection Act (Cap. 586)

Data Protection Act (Cap. 586), article 13

Official PDF on legislation.mt

13. (1) The Commissioner shall have a separate and distinct legal personality and shall be capable of entering int o contracts, of acquiring, holding and disposing of any kind of p roperty for the purposes of his tasks and powers, of suing and being su ed, and of doing all such things and entering into all such transaction s as are incidental or conducive to the effective performance of his tas ks and exercise of his powers under th is Act and the Regulation. (2) Any document purporting to be an instrument made or issued by the Commissioner and signed by him shall be received in evidence and shall, until the contrary is proved, be deemed to be an instrument made or issued by the Commissioner. Tenure of office. 14. (1) The Commissioner shall hold office for a term of five years and shall be eligible for reappointment on the expir ation of his term of office. (2) The Commissioner shall not be removed from his office except by the Prime Minister upon an address of the House of Representatives supported by the votes of not less than two-thirds of all the members thereof and praying for such removal on the gro und of proved inability to perform the duties of his office (whethe r arising from infirmity of body or mind or any other cause) or proved DATA PROTECTION [CAP. 586. 9 misbehaviour. (3) The Commissioner shall nominate a person from his office to act as Deputy Commissioner and who shall have the qualifications, experience and skills, in particular in the are a of the protection of personal data. (4) If the Commissioner resigns, if his office is otherwise vacant, if for any reason he is unable to perform the duties of h i s office, or for any other temporary purpose where the Commission er considers it necessary not to ca rry out any of his duties that were he a judge of the superior courts he would abstain, the Deputy Commissioner shall perform the Commissioner’s duties and exerci se his powers in accordance with t he provisions of Article 53(2) o f the Regulation. Functions and duties of the Commissioner. Cap. 496.

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Text read from the consolidated PDF published by Legislation Malta. Tables, figures and marginal notes may be incomplete or out of place: the official PDF is authoritative. General information, not legal, tax or accounting advice.