white_paper_on_data_protection_in_india_171127_final_v2

and approval of the appointment by a resolution in the Senate and House of Commons. 778 The
Privacy Commissioner holds office for a term of seven years but may be removed for cause
by the Governor in Council at any time on address of the Senate and House of Commons. 779
The Canada Privacy Act also lays down specific provisions for ensuring the independence of
the Privacy Commissioner. 780
South Africa
The POPI Act establishes an independent Information Regulator which is tasked with
governing the protection of personal information. 781 The Information Regulator is composed
of a Chairperson and four members. 782 The POPI Act specifically includes strict instructions
on the composition of the Information Regulator, i.e., at least one member of the Information
Regulator must be appointed on account of experience as an advocate, attorney, or professor
of law. 783 The remainder of the members may be appointed based on any other relevant
qualifications. 784 The Chairperson and two regular members must be full-time employees
whereas, the other two members may be there in a full-time or part-time capacity. 785 To be
appointed within this body an applicant must be a citizen, a public servant, a member of some
government body, employee of a political party, mentally fit, without criminal record, and
must be chosen by the President on recommendation bythe National Assembly. 786 A
committee is created within the National Assembly that nominates a member, who must then
be approved by a majority of the Assembly. 787 The members may not be appointed for a
period longer than five years, but will be eligible for reappointment at the the end of the
term. 788 To ensure the lawful enactment of the duties of the Information Regulator, the POPI
Act explicitly states that the Information Regulator must be impartial and perform its
functions without fear, favour or prejudice. 789 The members are not permitted to undertake
any other remunerative work while they hold office. 790
Australia
778 Section 53(1) of the Canada Privacy Act.
779 Section 53(2) of the Canada Privacy Act.
780 Section 54 of the Canada Privacy Act stipulates that the Privacy Commissioner shall engage exclusively in
the duties of the office of the Privacy Commissioner and shall not engage in any other employment for reward.
Further, the Privacy Commissioner shall be paid a salary equal to that of a judge of the Federal Court and shall
also be entitled to a pension equivalent of that received by others in public service.
781 Section 39, POPI Act.
782 Section 41, POPI Act.
783 Section 41, POPI Act.
784 Section 41, POPI Act.
785 Section 41, POPI Act.
786 Section 41, POPI Act.
787 Section 41, POPI Act.
788 Section 41, POPI Act.
789 Section 39(b), POPI Act.
790 Section 41, POPI Act.
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