Section 5: Functions of Commissioner
repealed (no longer in force). juris shows the text as it was consolidated; it does not confirm that this is the law in force today. The records juris holds show this law as repealed.
5. Functions of Commissioner
The Commissioner shall—
(a) ensure compliance with this Act and any regulations made under
the Act;
(Para. (a) came into operation on 16 February 2009.)
(b) issue or approve codes of practice or guidelines for the purposes
of this Act;
(Para. (b) came into operation on 27 December 2004.)
(c) create and maintain a register of all data controllers and data
processors;
(Para. (c) came into operation on 27 December 2004.)
(d) exercise control on all data processing activities, either of its
own motion or at the request of a data subject, and verify
whether the processing of data is in accordance with this Act or
regulations made under the Act;
(Para. (d) came into operation on 16 February 2009.)
(e) promote self-regulation among data controllers and data processors;
(Para. (e) came into operation on 27 December 2004.)
(f) investigate any complaint or information which give rise to a
suspicion that an offence gives under this Act may have been, is
being or is about to be committed;
(Para. (f) came into operation on 16 February 2009.)
(g) take such measures as may be necessary to bring to the knowledge of the general public the provisions of this Act;
(Para. (g) came into operation on 27 December 2004.)
(h) undertake research into, and monitor developments in, data processing, including data-matching, data linkage and information
and communication technologies, and ensure that there are no
significant risks or any adverse effects of those developments on
the privacy of individuals;
(Para. (h) came into operation on 27 December 2004.)
(i) examine any proposal for data matching or data linkage that may
involve an interference with or may otherwise have adverse
effects on the privacy of individuals and ensure that any adverse
D3 – 7 [Issue 5]
Data Protection Act
effects of such proposal on the privacy of individuals are minimised;
(Para. (i) came into operation on 27 December 2004.)
(ia) co-operate with supervisory authorities of other countries, to the
extent necessary for the performance of his duties under this
Act, in particular by exchanging relevant information in accordance with any other enactment;
(j) do anything incidental or conducive to the attainment of the
objects of and to the better performance of his duties and functions under this Act.
(Para. (j) came into operation on 27 December 2004.)
[S. 5 amended by s. 2 (c) of Act 1 of 2009 w.e.f. 22 May 2009; s. 10 (a) of Act 14 of 2009
w.e.f. 30 July 2009.]