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Part 2 » Office of the Data Protection Commissioner

4. Establishment of Office of Data Protection Commissioner

  1. There is established in the Ministry responsible for communications the Office of the Data Protection Commissioner which is responsible for the regulation of data protection and privacy in the Republic.

  2. The functions of the Office of the Data Protection Commissioner are to —

    1. register controllers and data processors;
    2. licence data auditors;
    3. disseminate information and promotion of the participation of stakeholders in the process of data protection in the Republic;
    4. advise Government on matters relating to data protection;
    5. keep and maintain a register of data controllers, data processors and data auditors;
    6. represent Government internationally on matters relating to data protection;
    7. conduct research and development relating to data protection;
    8. ensure proper and effective coordination and collaboration with similar regional and international authorities;
    9. receive and investigate complaints under this Act; and
    10. vary conditions and terms of a licence issued under this Act.

5. Data Protection Commissioner

  1. The President, through the Civil Service Commission, shall appoint a Data Protection Commissioner who shall be a public officer with the following skills, qualifications and expertise:

    1. minimum university degree level in information communication technologies;
    2. data protection rules and operations;
    3. data protection laws; and
    4. at least four years at senior management level in a related field.

  2. The Data Protection Commissioner is responsible for the day to day administration of the Office of the Data Protection Commission.

6. Appointment of Deputy Data Protection Commissioners and other staff

  1. The Civil Service Commission shall, on the recommendation of the Office of the Data Protection Commissioner, appoint as public officers two Deputy Data Protection Commissioners and other staff as may be necessary for the performance of the functions of the Office of the Data Protection Commission.
  2. The two Deputy Data Protection Commissioners are responsible for the formulation of policies and planning and for data processing system.