Data Protection Tribunal

Part 2 of Schedule 5 of the Law details the following provisions in respect of the makeup of the Data Protection Tribunal:

9      Appointment to office and vacation of office

(1)    The States may appoint a person to the office of member of the Tribunal on such terms and conditions as are consistent with this Law and as the States determine at the time of the appointment.
(2)    A member of the Tribunal may hold office for such term not exceeding 6 years as the States determine at the time of the person’s appointment.
(3)    The member may resign from that office by giving at least one month’s notice in writing to the Minister.
(4)    Only the States may remove a member from that office before the expiry of its term.
(5)    A member who ceases to hold that office shall be eligible for re-appointment.
(6)    A member vacates office if the member –

(a)     dies;
(b)     has become bankrupt;
(c)     is incapacitated by physical or mental illness; or
(d)     is otherwise unable or unfit to discharge the functions of a member.

(7)    A person appointed as president of the Tribunal shall continue to hold appointment as such until –

(a)     the person resigns from that appointment by notice in writing delivered to the Minister;
(b)     that appointment is revoked by the States; or
(c)     the person ceases to be a member of the Tribunal.

(8)    The president of the Tribunal shall be an advocate or solicitor of at least 7 years’ standing.

10    Procedure

(1)    In the absence of the president of the Tribunal, a vice-president shall preside over the Tribunal.
(2)    If no vice-president is available so to preside during the absence of the president, the members of the Tribunal shall appoint one of their number to act as president during that absence.
(3)    The Tribunal may, subject to this Law, govern its own procedure.

11    Allowances

A member of the Tribunal shall be paid by the Minister such remuneration and allowances as the Minister may from time to time determine.