Data Protection Act (Cap. 586)
Data Protection Act (Cap. 586), article 13
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.
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.