Removal of Chairperson or other Members
The Central Government may remove the Chairperson or any Members on the following grounds who,
- Has been adjudged as an insolvent
- Has become physically or mentally incapable of acting as such member or chairperson
- Has been convicted for an offence which is in the opinion of Central Government, involves moral turpitude?
- Has abused his position as to render the continuation of the office detrimental to the public interest.
- Has acquired any financial or other interest which is likely to affect prejudicially their functions as a chairperson or a member.
However, the bill clarifies that the members or chairperson not be removed on the above-mentioned ground unless given a reasonable opportunity of being heard. (This embodies the principle of Natural Justice)
Powers of Chairperson
The Chairperson of the Data Protection Authority shall have the powers of general superintendence and direction of the affairs of the authority.
Meetings of the Authority
The meetings, business and quorum of the meeting may be prescribed by the rules and procedure. In case the chairperson is unable to attend the meeting then the other member chosen by the members present at the meeting, shall preside over the meeting. All questions come before the Authority to be decided by the majority votes of the members present and in case of tie the Chairperson and in his absence, the presiding member shall have right to exercise a second or casting vote.
Any member has to disclose his/her direct or indirect pecuniary (monetary) interest in the matter which is the matter up for the consideration at a meeting before the authority.
Power and Functions of Authority
The authority is duty bound –
i) To protect the interest of data principal
ii) prevent misuse of personal data
ii) ensure compliance as per the provisions of the act
iv) promote awareness about data protection
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