Schedule 7

The Data Protection Appeal Panel consists of not more than 30 members appointed by the Minister on the basis of their ability and experience in industry, commerce or administration or their professional qualifications or their suitability otherwise for appointment.(2) Members of the Appeal Panel are appointed for such period as the Minister may determine and are eligible for re‑appointment.(3) The Minister may at any time revoke the appointment of any member of the Appeal Panel without giving any reason.(4) A member of the Appeal Panel may resign by giving written notice to the Minister.Chairperson of Appeal Panel or temporary Chairperson of Appeal Panel2.—

The Chairperson of the Appeal Panel, unless his or her appointment is revoked by the Minister or unless he or she resigns during his or her term of office, holds office for such period as the Minister may determine and is eligible for re‑appointment.(2) The Minister may appoint any member to be a temporary Chairperson of the Appeal Panel during the temporary incapacity from illness or otherwise or during the temporary absence from Singapore of the Chairperson of the Appeal Panel.Secretary to Appeal Panel2A.—

The Secretary to the Appeal Panel is to be appointed by the Minister.(2) The Secretary is to provide administrative and secretarial support to the Chairperson of the Appeal Panel, the Appeal Panel and every Appeal Committee, in the discharge of their functions, duties and powers under this Act.(3) The Secretary is to act in accordance with the instructions of the Chairperson and, in particular, be responsible for —

the acceptance, transmission, service and custody of documents relating to the Appeal Panel, Appeal Committees and proceedings relating to appeals; and

keeping the records of proceedings relating to appeals in such form as the Chairperson may direct.(4) The Secretary and any person authorised under sub‑paragraph (5) may attend any meeting of an Appeal Committee to carry out their functions under this Act.(5) The Secretary may be assisted in carrying out the Secretary’s functions under this Act by persons authorised by the Secretary.Constitution of Appeal Committee2B.—

Where an appeal is made, the Chairperson of the Appeal Panel is to nominate 3 or more members of the Appeal Panel (which may include the Chairperson) to constitute an Appeal Committee to hear the appeal.(2) For the proper functioning of any Appeal Committee, the Chairperson of the Appeal Panel may at any time —

terminate the nomination of any member of the Appeal Committee; and

reconstitute the Appeal Committee upon the termination of the nomination, the expiry of the term of appointment or the withdrawal of any member of the Appeal Committee.(3) The reconstitution of an Appeal Committee under sub‑paragraph (2)(b) does not affect the validity of anything done by the Appeal Committee under this Act before, on or after the reconstitution of the Appeal Committee.Proceedings of Appeal Committees3.—

The presiding member of an Appeal Committee is —

the Chairperson of the Appeal Panel, if the Chairperson nominates himself or herself as a member of the Appeal Committee; or

the member of the Appeal Panel appointed by the Chairperson of the Appeal Panel as the presiding member of that Appeal Committee.(2) However, in the absence at any meeting of the presiding member of an Appeal Committee mentioned in sub‑paragraph (1), another member of the Appeal Committee chosen by the members of that Appeal Committee present is to preside at that meeting.(3) All matters coming before an Appeal Committee are to be decided by a majority of votes of those members present and, in the event of an equality of votes, the presiding member has a second or casting vote.(4) Any member of the Appeal Panel whose term of appointment expires in the course of proceedings by an Appeal Committee to which the member is appointed continues as a member of that Appeal Committee until the Appeal Committee —

completes its work on the appeal; or

is earlier reconstituted under paragraph 2B(2)(b) without that member.(5) An Appeal Committee is to meet for any purpose under this Act at such times and places as determined by the presiding member before the meeting.Powers of Appeal Committees4.—

An Appeal Committee has all the powers and duties of the Commission that are necessary to perform its functions and discharge its duties under this Act.(2) An Appeal Committee has the powers, rights and privileges vested in a District Court on the hearing of an action, including —

the enforcement of the attendance of witnesses and their examination on oath or otherwise;

the compelling of the production of documents; and

the award of such costs or expenses as may be prescribed under section 65.(3) A summons signed by such member of an Appeal Committee as may be authorised by the Appeal Committee is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.(4) Where any person being duly summoned to attend before an Appeal Committee does not so attend, that person shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $5,000 or to imprisonment for a term not exceeding 6 months or to both.(5) A witness before an Appeal Committee is entitled to the same immunities and privileges as if he or she were a witness before a District Court.(6) All appeals must be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.(7) An Appeal Committee must inform the Commission and the parties to the appeal of the date on and the place at which the appeal is to be heard.(8) An Appeal Committee must inform the Commission and the parties to the appeal of its decision in respect of the appeal and the reasons for its decision.(9) Subject to other provisions of this Act and regulations made under this Act, an Appeal Committee may regulate its own procedure.Allowances

in the case of an appeal or proceeding before or act of an Appeal Committee, any vacancy in, or defect in the constitution of, the Appeal Committee; or

any defect in the appointment of the Chairperson of the Appeal Panel, or any member (or presiding member) of an Appeal Committee, as the case may be.Definition

section 34 as in force immediately before 1 February 2021; or

section 48Q.[40/2020; S 19/2015]