Cap. 586 чл. 11Information and Data Protection Commissioner. 

(1) There shall be an Information and Data

Protection Commissioner, who shall be appointed by the Prime

Minister acting on the advice of the Cabinet of Ministers after consulting the Leader of the Opposition, to perform the duties of supervisory authority for the purposes of Chapter VI of the Regulation.

(2) The Commissioner shall be responsible for monitoring and enforcing the application of the provisions of this Act and the Regulation, in order to protect the fundamental rights and freedoms of natural persons in relation to processing of personal data and to facilitate the free flow of personal data between Malta and any other Member State.

(3) A person shall not be qualified to hold office as Commissioner if he:

(a) is a Minister, Parliamentary Secretary, or a Member of the House of Representatives; or

(b) is a judge or magistrate of the courts of justice; or

(c) is an officer in the public service; or

(d) is a member of a local council; or

(e) has a financial or other interest in any enterprise or activity which is likely to affect the discharge of his functions as a Commissioner.

(4) The Information and Data Protection Commissioner shall have the qualifications, experience and skills, in particular in the area of the protection of personal data, required to perform his duties and exercise his powers in accordance with the provisions of Article 53(2) of the Regulation.