13
2019
Data Protection
(i)
No.
inability to perform the functions of office
arising from mental or physical infirmity;
(ii) non-compliance with Chapter Six of the
Constitution;
(iii) bankruptcy;
(iv) incompetence; or
(v) gross misconduct.
12. (1) A person desiring the removal of Data
Commissioner on any ground specified under section 11 (d)
may present a complaint to the Public Service Commission
setting out the alleged facts constituting that ground.
Removal of the
Data
Commissioner.
(2) Subject to Article 47 of the Constitution, the Public
Service Commission shall consider the complaint and, if
satisfied that the complaint discloses a ground under
section 11 (d), shall—
(a) investigate the matter expeditiously;
(b) report on the facts; and
(c) make a recommendation to the Cabinet Secretary.
(3) Prior to any action under sub-section (2), the Data
Commissioner shall be—
(a) informed, in writing, of the reasons for the
intended removal; and
(b) offered an opportunity to put in a defence against
any such allegations.
13. The Data Commissioner shall in consultation with
the Public Service Commission, appoint such number of
staff as may be necessary for the proper and efficient
discharge of the functions under this Act or any other
relevant law.
14. The Data Commissioner and staff of the Office
shall be paid such remuneration or allowances as the
Salaries and Remuneration Commission may advise.
Staff of the
Office.
Remuneration of
the Data
Commissioner
and staff.
15. The Data Commissioner shall take the oath set out
in the First Schedule on appointment.
Oath of office.
16. The Data Commissioner, or any staff of the Office,
shall not, unless with lawful authority, disclose any
information obtained for the purposes of this Act.
Confidentiality
agreement.
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