Singapore legislation
Schedule 7
Schedule 7
Constitution and proceedings of Data Protection Appeal Panel and Data Protection Appeal Committees
SEVENTH SCHEDULESection 33(5)Constitution and proceedings of Data Protection Appeal Panel and Data Protection Appeal CommitteesData Protection Appeal Panel1.—
The Data Protection Appeal Panel shall consist of not more than 30 members appointed, from time to time, 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 shall be appointed for such period as may be determined by the Minister and shall be eligible for re-appointment.(3) The Minister may at any time revoke the appointment of any member of the Appeal Panel without assigning any reason.(4) A member of the Appeal Panel may resign by giving notice in writing to the Minister.Chairman of Appeal Panel or temporary Chairman of Appeal Panel2.—
The Chairman of the Appeal Panel, unless his appointment is revoked by the Minister or unless he resigns during his term of office, shall hold office for such period as the Minister may determine and shall be eligible for re‑appointment.(2) The Minister may appoint any member to be a temporary Chairman of the Appeal Panel during the temporary incapacity from illness or otherwise or during the temporary absence from Singapore of the Chairman of the Appeal Panel.Proceedings of Appeal Committees3.—
Subject to sub-paragraph (2), where the Chairman of the Appeal Panel is nominated as a member of an Appeal Committee under section 33(4), he shall preside at every meeting of the Appeal Committee, and where the Chairman of the Appeal Panel is not nominated as a member of the Appeal Committee, the Chairman of the Appeal Panel shall determine which member of the Appeal Committee shall preside at every meeting of that Appeal Committee.(2) All matters coming before an Appeal Committee at any sitting thereof shall be decided by a majority of votes of those members present and, in the event of an equality of votes, the Chairman of the Appeal Panel (if he is nominated as a member of the Appeal Committee) or any other member presiding shall have a second or casting vote.(3) Any member of the Appeal Panel whose term of appointment expires in the course of proceedings by an Appeal Committee to which he has been appointed shall continue as a member of that Appeal Committee until the Committee has completed its work.Powers of Appeal Committees4.—
An Appeal Committee shall have 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 shall have 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 shall be 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 shall be entitled to the same immunities and privileges as if he were a witness before a District Court.(6) All appeals under section 34 shall be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.(7) An Appeal Committee shall notify the Commission and the parties to the appeal of the date on and the place at which the appeal shall be heard.(8) An Appeal Committee shall notify the Commission and the parties to the appeal of its decision in respect of the appeal and the reasons for its decision.Allowances
5. Members of the Appeal Committee may receive such remuneration and such travelling and subsistence allowances as the Minister may determine.