9
2019
Data Protection
No.
PART II—ESTABLISHMENT OF THE
OFFICE OF DATA PROTECTION COMMISSIONER
5. (1) There is established the office of the Data
Protection Commissioner which shall be a body corporate
with perpetual succession and a common seal and shall in
its corporate name, be capable of—
Establishment of
the Office.
(a) suing and being sued;
(b) taking, purchasing or otherwise acquiring,
holding, charging or disposing of movable and
immovable property;
(c) entering into contracts; and
(d) doing such other legal acts necessary for the
proper performance of the functions of the Office.
(2) The Office is designated as a State Office in
accordance with Article 260(q) of the Constitution.
(3) The Office shall comprise the Data Commissioner
as its head and accounting officer, and other staff
appointed by the Data Commissioner.
(4) The Office shall ensure reasonable access to its
services in all parts of the Republic.
(5) The Data Commissioner shall in consultation with
the Cabinet Secretary, establish such directorates as may be
necessary for the better carrying of the functions of the
Office.
6. (1) The Public Service Commission shall, whenever
a vacancy arises in the position of the Data Commissioner,
initiate the recruitment process.
(2) The Public Service Commission shall, within
seven days of being notified of a vacancy under subsection
(1), invite applications from persons who qualify for
nomination and appointment for the position of the Data
Commissioner.
(3) The Public Service Commission shall within
twenty-one days of receipt of applications under subsection
(2)—
(a) consider the applications received to determine
their compliance with this Act;
Appointment of
the Data
Commissioner.
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