Appointment of data protection supervisors
58. (1) A data controller may appoint a certified and qualified data
supervisor to act as a data protection supervisor.
(2) The data protection supervisor is responsible for the monitoring of the
data controller’s compliance with the provisions of this Act.
(3) This section is subject to the exemptions or modifications speci- fied in
the authorisation.
(4) An authorisation under this section may
(a) impose a duty on a data protection supervisor in relation to the
Commission, and
(b) confer a function on the Commission in relation to a data
protection supervisor.
(5) A data protection supervisor may be an employee of the data
controller.
(6) The Commission shall provide the criteria for qualification to be
appointed as a data protection supervisor.
(7) A person shall not be appointed as a data protection supervisor unless
the person satisfies the criteria set by the Commission.
Fees
59. The Minister may by Regulations prescribe fees for the purpose of
sections 49, 50 and 54.
Exemptions
National security
60. (1) The processing of personal data is exempt from the provisions of this
Act for the purposes of
(a) public order,
(b) public safety,
(c) public morality,
(d) national security, or
(e) public interest.
(2) Subject to article 18 (2) of the Constitution, a certificate signed
by the Minister is prima facie evidence of exemption from the provisions of this
Act.
(3) A certificate may by means of a general description identify the
personal data to which it applies.
(4) A person who is directly affected by the issue of a certificate under
this section may apply for judicial review at the High Court.
Crime and taxation
61. (1) The processing of personal data is exempt from the provisions
of this Act for the purposes of
(a) the prevention or detection of crime,
(b) the apprehension or prosecution of an offender, or