Personal Data Protection Act 2010 [Act 709]

Part VI


70 Establishment of Advisory Committee

There is established a Personal Data Protection Advisory Committee.

71 Functions of Advisory Committee

(1) The functions of the Advisory Committee shall be-

(a) to advise the Commissioner on all matters relating to personal data protection, and the due administration and enforcement of this Act; and

(a) to advise the Commissioner on any matter referred by him to the Advisory Committee.

(2) The Commissioner shall not be bound to act upon the advice of the Advisory Committee.

72 Members of Advisory Committee

The Advisory Committee shall consist of the following members to be appointed by the Minister:

(a) a Chairman;

(b) three members from the public sector; and

(c) at least seven but not more than eleven other members.

73 Tenure of office

A member appointed under section 72 shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked, hold office for such period not exceeding three years as the Minister may determine at the time of his appointment, and shall be eligible for reappointment; but no member shall hold office for more than two consecutive terms.

74 Revocation of appointment and resignation

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

(2) A member of the Advisory Committee appointed under section 72 may at any time resign from his office by giving a written notice addressed to the Minister fourteen days prior to the intended date of resignation.

75 Temporary exercise of functions of Chairman

(1) The Minister may temporarily appoint any member of the Advisory Committee to act as the Chairman for the period when-

(a) the Chairman 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 Chairman is vacant.

(2) A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

76 Vacation of office

The office of a member of the Advisory Committee 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 member of the Advisory Committee or otherwise, has been such as to bring discredit on the Advisory Committee;

(d) if he becomes bankrupt;

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

(f) in the case of the Chairman, if he absents himself from a meeting of the Advisory Committee without leave in writing of the Minister;

(g) in the case of a member of the Advisory Committee other than the Chairman, if he absents himself from three consecutive meetings of the Advisory Committee without leave in writing of the Chairman;

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

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

77 Allowances

The Chairman and all other members of the Advisory Committee may be paid such allowances as the Minister may determine after consultation with the Minister of Finance.

78 Time and place of meetings

(1) The Advisory Committee is to hold as many meetings as are necessary for the efficient performance of its functions and such meetings are to be held at such places and times as the Chairman may decide, provided that the Chairman shall not allow more than two months to lapse between meetings.

(2) The Chairman shall call for a meeting if requested to do so in writing by the Minister or by at least four members of the Advisory Committee.

79 Advisory Committee may invite others to attend meetings

(1) The Advisory Committee may invite any person to attend any meeting or deliberation of the Advisory Committee for the purpose of assisting it on any matter under discussion.

(2) A person invited under subsection (1) shall be paid such allowances as may be determined by the Commissioner.