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Personal Data Protection Act 2010 [Act 709]

Part IV   cite [+]

APPOINTMENT, FUNCTIONS AND POWERS OF COMMISSIONER

47 Appointment of Commissioner   cite [+]

(1) The Minister shall appoint any person as the "Personal Data Protection Commissioner" for the purposes of carrying out the functions and powers assigned to the Commissioner under this Act on such terms and conditions as he thinks desirable.

(2) The appointment of the Commissioner shall be published in the Gazette.

(3) The Commissioner appointed under subsection (1) shall be a body corporate having perpetual succession and a common seal.

(4) The Commissioner may sue and be sued in his corporate name.

48 Functions of Commissioner   cite [+]

The Commissioner shall have the following functions:

(a) to advise the Minister on the national policy for personal data protection and all other related matters;

(b) to implement and enforce the personal data protection laws, including the formulation of operational policies and procedures;

(c) to promote and encourage associations or bodies representing data users to prepare codes of practice and to disseminate to their members the codes of practice for the purposes of this Act;

(d) to cooperate with bodies corporate or government agencies for the purpose of performing his functions;

(e) to determine in pursuance of section 129 whether any place outside Malaysia has in place a system for the protection of personal data that is substantially similar to that as provided for under this Act or that serves the same purposes as this Act;

(f) to undertake or cause to be undertaken research into and monitor developments in the processing of personal data, including technology, in order to take account any effects such developments may have on the privacy of individuals in relation to their personal data;

(g) to monitor and supervise compliance with the provisions of this Act, including the issuance of circulars, enforcement notices or any other instruments to any person;

(h) to promote awareness and dissemination of information to the public about the operation of this Act;

(i) to liaise and cooperate with persons performing similar personal data protection functions in any place outside Malaysia in respect of matters of mutual interest, including matters concerning the privacy of individuals in relation to their personal data;

(j) to represent Malaysia through participation in events that relate to personal data protection as authorized by the Minister, whether within or outside Malaysia; and

(k) to carry out such activities and do such things as are necessary, advantageous and proper for the administration of this Act, or such other purposes consistent with this Act as may be directed by the Minister.

49 Powers of Commissioner   cite [+]

(1) The Commissioner shall have all such powers to do all things necessary or expedient for or in connection with the performance of his functions under this Act.

(2) Without prejudice to the generality of subsection (1), the powers of the Commissioner shall include the power-

(a) to collect such fees as may be prescribed by the Minister;

(b) to appoint such agents, experts, consultants or any other persons as he thinks fit to assist him in the performance of his functions;

(c) to formulate human resource development and cooperation programmes for the proper and effective performance of his functions;

(d) to enter into contracts;

(e) to acquire, purchase, take, hold and enjoy any movable or immovable property of every description for the performance of his functions, and to convey, assign, surrender, yield up, charge, mortgage, demise, transfer or otherwise dispose of, or deal with such property or any interest therein vested in him;

(f) to perform such other functions as the Minister may assign from time to time; and

(g) to do all such things as may be incidental to or consequential upon the performance of his functions.

50 Appointment of Deputy Commissioners and Assistant Commissioners   cite [+]

(1) The Commissioner may, with the approval of the Minister, from time to time, appoint such number of public officers as Deputy Commissioners and such number of persons as Assistant Commissioners as are necessary to assist the Commissioner in the performance of his functions and the exercise of his powers under this Act.

(2) The Deputy Commissioners and Assistant Commissioners appointed under subsection (1) shall hold office for such periods, receive such remuneration, allowances or benefits, and shall be subject to such terms and conditions of service as the Commissioner, with the approval of the Minister, may determine.

(3) The Deputy Commissioners and Assistant Commissioners appointed under subsection (1) shall be subject to the supervision, direction and control of the Commissioner.

51 Appointment of other officers and servants   cite [+]

The Commissioner may employ on such terms and conditions as he thinks desirable such officers and servants as may be necessary to assist him in the performance of his functions and the exercise of his powers under this Act.

52 Loans and advances to officers and servants   cite [+]

The Commissioner may grant loans and advances to the officers and servants under section 51 for such purposes and on such terms and conditions as the Commissioner may determine.

53 Tenure of office   cite [+]

Subject to such conditions as may be specified in his instrument of appointment, the Commissioner shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for a term not exceeding three years and may be eligible for reappointment.

54 Revocation of appointment and resignation   cite [+]

(1) The Minister may at any time revoke the appointment of the Commissioner and shall state the reason for such revocation.

(2) The Commissioner may at any time resign his office by giving a written notice addressed to the Minister fourteen days prior to the intended date of resignation.

55 Temporary exercise of functions and powers of Commissioner   cite [+]

(1) The Minister may temporarily appoint a Deputy Commissioner to perform the functions and powers of the Commissioner for the period when-

(a) the Commissioner is by reason of illness, leave of absence or any other cause unable to perform his functions for any substantial period; or

(b) the office of the Commissioner is vacant.


(2) A person appointed under subsection (1) shall, during the period in which he is performing the functions and exercising the powers of the Commissioner under this section, be deemed to be the Commissioner.

56 Vacation of office   cite [+]

The office of the Commissioner shall be vacated-

(a) if he dies;

(b) if there has been proved against him, or he has been convicted of, a charge in respect of-

(i) an offence involving fraud, dishonesty or moral turpitude;

(ii) an offence under any law relating to corruption; or

(iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years;

(c) if his conduct, whether in connection with his duties as a Commissioner or otherwise, has been such as to bring discredit on the office of the Commissioner;

(d) if he becomes bankrupt;

(e) if he is of unsound mind or is otherwise incapable of discharging his duties;

(f) if his appointment is revoked by the Minister; or

(g) if his resignation is accepted by the Minister.



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