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

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