Personal Data Protection Commissioner appointed under section 47 by the Minister for the purpose of exercising the functions and powers granted to the Commissioner under the Personal Data Protection Act 2010 (Act 709) on such terms and conditions as it considers appropriate. Commissioners appointed under subsection (1) is a body corporate with perpetual succession and a common seal. The Commissioner may sue and be sued in its corporate name.
The Commissioner shall have the following functions: -
(A) To advise the Minister on national policy for the protection of personal data and other related matters;
(B) Implement and enforce the legal protection of personal data, including the formulation of policies and operational procedures;
(C) To promote and encourage associations or bodies representing data users to prepare codes of practice and disseminate the code of practice for its members for the purposes of this Act;
(D) In cooperation with the corporate body or government agency for the purpose of performing its functions;
(E) Determine whether under Section 129 of any place outside Malaysia has a system for the protection of personal data that is substantially similar to that provided under this Act or that may be used for similar purposes as this Act;
(F) To undertake or cause to be carried out research into and monitor developments in the processing of personal data, including technology, to take account of the possibility of such an impact that the development of individual privacy in relation to personal data;
(G) To monitor and supervise compliance with the provisions of this Act, including the issuance of the circular, notice of enforcement or any other instrument to any person;
(H) To promote awareness and dissemination of information to the public about this Act;
(I) Liaise and collaborate with people who perform functions similar personal data protection in any place outside Malaysia in respect of matters of mutual interest, including matters related to the privacy of individuals in relation to personal data;
COMMISSIONER FOR PERSONAL DATA PROTECTION ASSOCIATION
(J) Represent Malaysia through participation in events relating to the protection of personal data as permitted by the Minister, whether within or outside Malaysia; and
(K) To carry on any activity and do anything that is necessary, beneficial and proper for the administration of this Act, or any other purposes consistent with this Act as the Minister may direct.
Section 49. Powers of the Commissioner
(1) The Commissioner shall have the power to do all things necessary or expedient for or in connection with the performance of its functions under this Act.
(2) Without prejudice to the generality of subsection (1), the powers of the Commissioner shall include power-
(A) to collect any fee prescribed by the Minister;
(B) to appoint such agents, experts, consultants or any other person as it thinks fit to assist it in the performance of its functions;
(C) to formulate human resources development and cooperation program for the performance of its functions properly and effectively;
(D) to contract;
(E) to acquire, purchase, take, hold and enjoy any kind of movable or immovable for the performance of its functions, and to convey, assign, surrender, yield up, charge, mortgage, mendemiskan, transfer or otherwise dispose of, or make any business in the property or any interest therein vested in it;
(F) to perform such other functions as assigned by the Minister from time to time; and
(G) to do all such things as are incidental or consequential to the exercise of their functions.