VERŻJONI ELETTRONIKA
A 788
(3) A person shall not be qualified to hold office as
Commissioner if he:
(a)
is a Minister, Parliamentary Secretary, or a Member
of the House of Representatives; or
(b)
is a judge or magistrate of the courts of justice; or
(c)
is an officer in the public service; or
(d)
is a member of a local council; or
(e)
has a financial or other interest in any enterprise or
activity which is likely to affect the discharge of his functions as
a Commissioner.
(4) The Information and Data Protection Commissioner shall
have the qualifications, experience and skills, in particular in the area
of the protection of personal data, required to perform his duties and
exercise his powers in accordance with the provisions of Article 53(2)
of the Regulation.
Independence of
functions.
12. (1) In the exercise of his tasks and powers in accordance
with this Act and the Regulation, the Commissioner shall act with
complete independence and shall be free from external influence,
whether direct or indirect, and shall neither seek nor take instructions
or direction from any person or entity.
(2) It shall not be lawful for the Commissioner to carry out any
other profession, business or trade or to hold any other office of profit
whatsoever, even though of a temporary nature, with the exception of
any temporary judicial office on any international court or tribunal or
any international adjudicating body, and the office of examiner at a
University and the Malta College of Arts, Science and Technology.
(3) Any officers or employees of the Commissioner shall be
chosen by the Commissioner and shall be subject to his exclusive
direction.
Legal
personality and
representation
of the
Commissioner.
13. (1) The Commissioner shall have a separate and distinct
legal personality and shall be capable of entering into contracts, of
acquiring, holding and disposing of any kind of property for the
purposes of his tasks and powers, of suing and being sued, and of
doing all such things and entering into all such transactions as are
incidental or conducive to the effective performance of his tasks and
exercise of his powers under this Act and the Regulation.
(2) Any document purporting to be an instrument made or