Personal Data Protection Act 2010 Part VII — Appeal tribunal

s 83–s 100 · 18 sections

Establishment of Appeal Tribunal

s 83

There is established an Appeal Tribunal for the purpose of reviewing any of the matters on appeal as set out in section 93.

Powers of Appeal Tribunal

(1) The Appeal Tribunal shall have the power— (a) to summon parties to the proceedings or any other person to attend before it to give evidence in respect of an appeal; (b) to procure and receive evidence on oath or affirmation, whether written or oral, and examine all such persons as witnesses as the Appeal Tribunal considers necessary; (c) where a person is so summoned, to require the production of any information, document or other thing in his possession or under his control which the Appeal Tribunal considers necessary for the purposes of the appeal; (d) to administer any oath, affirmation or statutory declaration, as the case may require; (e) where a person is so summoned, to allow the payment for any reasonable expenses incurred in connection with his attendance; (f) to admit evidence or reject evidence adduced, whether oral or documentary, and whether admissible or inadmissible under the provisions of any written law relating to the admissibility of evidence; (g) to adjourn the hearing of an appeal from time to time, including the power to adjourn to consider its decision; and (h) generally to direct and do all such matters as may be necessary or expedient for the expeditious decision of the appeal. (2) The Appeal Tribunal shall have the powers of a subordinate court with regard to the enforcement of attendance of witnesses, hearing evidence on oath or affirmation and punishment for contempt.

Members of Appeal Tribunal

s 85

(1) The Appeal Tribunal shall consist of the following members who shall be appointed by the Minister: (a) a Chairman; and (b) at least two other members, or such greater number of members as the Minister thinks necessary. (2) The Minister shall appoint a person who is a member of the Judicial and Legal Service of the Federation for at least ten years to be the Chairman of the Appeal Tribunal. (3) The appointment of the members of the Appeal Tribunal shall be published by notification in the Gazette.

Secretary to Appeal Tribunal and other officers, etc.

s 86

(1) The Minister shall appoint a Secretary to the Appeal Tribunal on such terms and conditions as he thinks desirable. (2) The Secretary to the Appeal Tribunal shall be responsible for the administration and management of the functions of the Appeal Tribunal. (3) The Minister may appoint such number of officers and servants as the Minister thinks fit to assist the Secretary to the Appeal Tribunal in carrying out his functions under subsection (2). (4) The Secretary to the Appeal Tribunal shall have the general control of the officers and servants of the Appeal Tribunal. (5) For the purposes of this Act, the Secretary to the Appeal Tribunal and the officers appointed under subsection (3) shall be deemed to be officers of the Appeal Tribunal.

Tenure of office

s 87

A member of the Appeal Tribunal appointed under subsection 85(1) shall, unless he sooner resigns or vacates his office or his appointment is sooner revoked— (a) hold office for a term not exceeding three years; and (b) shall be eligible for reappointment upon the expiry of his term of office, but shall not be appointed for more than two consecutive terms.

Resignation and revocation of appointment

s 88

(1) The Minister may at any time revoke the appointment of a member of the Appeal Tribunal and shall state the reason for such revocation. (2) A member of the Appeal Tribunal appointed under subsection 85(1) may at any time resign from his office by giving a written notice addressed to the Minister fourteen days prior to the intended date of resignation.

Temporary exercise of functions of Chairman

s 89

(1) The Minister may temporarily appoint any member of the Appeal Tribunal to act as the Chairman for the period when— (a) the Chairman is by reason of illness, leave of absence or any other cause unable to perform his functions for any substantial period; or (b) the office of the Chairman is vacant. (2) A member appointed under subsection (1) shall, during the period in which he is performing the functions of the Chairman under this section, be deemed to be the Chairman.

Vacation of office

s 90

The office of a member of the Appeal Tribunal shall be vacated— (a) if he dies; (b) if there has been proved against him, or he has been convicted of, a charge in respect of— (i) an offence involving fraud, dishonesty or moral turpitude; (ii) an offence under any law relating to corruption; or (iii) any other offence punishable with imprisonment (in itself only or in addition to or in lieu of a fine) for more than two years; (c) if his conduct, whether in connection with his duties as a member of the Appeal Tribunal or otherwise, has been such as to bring discredit on the Appeal Tribunal; (d) if he becomes bankrupt; (e) if he is of unsound mind or otherwise incapable of discharging his duties; (f) if he fails to comply with his obligations under section 92; (g) if his performance as a member of the Appeal Tribunal has been unsatisfactory for a significant period of time; (h) if his appointment is revoked by the Minister; or (i) if his resignation is accepted by the Minister.

Allowances

s 91

(1) The Chairman of the Appeal Tribunal appointed under paragraph 85(1)(a) shall be paid such fixed allowances and other allowances as the Minister may determine. (2) The other members of the Appeal Tribunal appointed under paragraph 85(1)(b) shall be paid— (a) daily sitting allowances during the sitting of the Appeal Tribunal; and (b) lodging, travelling and subsistence allowances, as the Minister may determine.

Disclosure of interest

s 92

(1) A member of the Appeal Tribunal shall disclose, as soon as practicable, to the Chairman any interest, whether substantial or not, which might conflict with the member’s duties as a member of the Appeal Tribunal in a particular matter. (2) If the Chairman is of the opinion that the member’s interest is in conflict with his duties as a member of the Appeal Tribunal, the Chairman shall inform all the parties to the matter of the conflict. (3) If none of the parties to the matter objects to the conflict, the member may continue to execute his duties as a member of the Appeal Tribunal in relation to that matter. (4) If a party to the matter objects to the conflict, the member of the Appeal Tribunal shall not continue to execute his duties as a member of the Appeal Tribunal in relation to that matter. (5) The failure by the member to disclose his interest under subsection (1) shall— (a) invalidate the decision of the Appeal Tribunal, unless all parties agree to be bound by the decision; and (b) subject the member to the revocation of his appointment under section 88.

Appeal to Appeal Tribunal

s 93

(1) Any person who is aggrieved by the decision of the Commissioner under this Act relating to matters, including— (a) the registration of a data user under Division 2 of Part II; (b) the refusal of the Commissioner to register a code of practice under subsection 23(5); (c) the failure of the data user to comply with a data access request or data correction request under Division 4 of Part II; (d) the issuance of an enforcement notice under section 108; (e) the refusal of the Commissioner to vary or revoke an enforcement notice under section 109; and (f) the refusal of the Commissioner to carry out or continue an investigation initiated by a complaint under Part VIII, may appeal to the Appeal Tribunal by filing a notice of appeal with the Appeal Tribunal. (2) The notice of appeal shall be made in writing to the Appeal Tribunal within thirty days from the date of the decision of the Commissioner, or in the case of an enforcement notice, within thirty days after the enforcement notice is served upon the relevant data user, and the appellant shall serve a copy of the notice of appeal upon the Commissioner. (3) The notice of appeal shall state briefly the substance of the decision of the Commissioner against which an appeal is filed with the Appeal Tribunal, contain an address at which any notice or document connected with the appeal may be served upon the appellant or his advocate, and shall be signed by the appellant or his advocate.

Record of decision of Commissioner

s 94

(1) The aggrieved person referred to in subsection 93(1) may, on his own initiative, request in writing from the Commissioner a statement of the grounds for his decision. (2) Subject to subsection (3), the Commissioner shall, upon receiving the written request under subsection (1), provide to the aggrieved person, upon the payment of a prescribed fee, a copy of a statement of the grounds for his decision. (3) Where a notice of appeal has been filed with the Appeal Tribunal under subsection 93(1), the Commissioner shall, if he has not already written the grounds for his decision in respect of the matter stated in the notice under subsection 93(1), record in writing the grounds for his decision, and the written grounds shall form part of the record of proceedings before the Appeal Tribunal.

Stay of decision pending appeal

s 95

(1) A decision of the Commissioner shall be valid, binding and enforceable pending the decision of an appeal by the Appeal Tribunal, except where an appeal against an enforcement notice has been made to the Appeal Tribunal in accordance with subsection 93(2), or a stay of the decision of the Commissioner has been applied for under subsection (2) and granted by the Appeal Tribunal. (2) An aggrieved person may apply in writing to the Appeal Tribunal for a stay of the decision of the Commissioner on or after the notice of appeal has been filed with the Appeal Tribunal.

Composition of Appeal Tribunal

s 96

(1) Every proceeding of the Appeal Tribunal shall be heard and disposed of by three members or such greater uneven number of members of the Appeal Tribunal as the Chairman may in any particular case determine. (2) In the absence of the Chairman, the senior member of the Appeal Tribunal shall preside.

Sitting of Appeal Tribunal

s 97

(1) The Appeal Tribunal shall sit on such dates and at such places as the Chairman may appoint. (2) The Chairman may cancel or postpone any sitting of the Appeal Tribunal or change the place of the sitting which has been appointed under subsection (1). (3) The Secretary to the Appeal Tribunal shall by written notice inform the parties to the appeal of any change to the date or place of any sitting of the Appeal Tribunal.

Procedure of Appeal Tribunal

Provisions on this page are reproduced verbatim from official open data. See the attribution line.

Read the official text ↗

Source: Laws of Malaysia, Attorney General's Chambers of Malaysia (lom.agc.gov.my). Not a copy of the Gazette printed by the Government Printer (Interpretation Acts 1948 and 1967, s 61).

What to look at next

Personal Data Protection Act 2010, full textChapter navigation and full text, so you can read this section in contextMalaysia legislation Malaysia Acts by type and yearGrouped by instrument type and year of enactment, so you can find others of the same kindBrowse by type and year Malaysia: what this database coversWhich datasets are here, which official source they come from, and how current they areMalaysia overview