VERŻJONI ELETTRONIKA
A 789
issued by the Commissioner and signed by him shall be received in
evidence and shall, until the contrary is proved, be deemed to be an
instrument made or issued by the Commissioner.
14. (1) The Commissioner shall hold office for a term of
five years and shall be eligible for reappointment on the expiration of
his term of office.
Tenure of office.
(2) The Commissioner shall not be removed from his office
except by the Prime Minister upon an address of the House of
Representatives supported by the votes of not less than two-thirds of
all the members thereof and praying for such removal on the ground
of proved inability to perform the duties of his office (whether arising
from infirmity of body or mind or any other cause) or proved
misbehaviour.
(3) The Commissioner shall nominate a person from his office
to act as Deputy Commissioner and who shall have the qualifications,
experience and skills, in particular in the area of the protection of
personal data.
(4) If the Commissioner resigns, if his office is otherwise
vacant, if for any reason he is unable to perform the duties of his
office, or for any other temporary purpose where the Commissioner
considers it necessary not to carry out any of his duties that were he a
judge of the superior courts he would abstain, the Deputy
Commissioner shall perform the Commissioner’s duties and exercise
his powers in accordance with the provisions of Article 53(2) of the
Regulation.
15. (1) The Commissioner shall perform the duties assigned
to him under this Act and the Regulation and shall carry out the
functions assigned to him under the Freedom of Information Act and
any other law.
Functions and
duties of the
Commissioner.
Cap. 496.
(2) The Commissioner shall have the power to institute civil
judicial proceedings in cases where the provisions of this Act or the
Regulation have been or are about to be violated.
(3) The Commissioner may seek the advice of, and may
consult with, any other competent authority in the exercise of his
functions under this Act and the Regulation.
16. (1) In the exercise of the investigative powers pursuant
to Article 58 of the Regulation, or any other law, the Commissioner
may request the assistance of the executive police in order to enter
and search any premises.
Commissioner’s
right of access
to information.