The Act Commentary on Sections Part 6: Freedom of information and data protection Section 105: Appointment and tenure of Information Commissioner
417.Section 105 makes further provision about the appointment and tenure of the Information Commissioner.
418.Subsection (1) amends paragraph 2(1) of Schedule 5 to the Data Protection Act 1998 (“DPA”) with the effect that the Information Commissioner is appointed for a term not exceeding seven years. Currently the Commissioner is appointed for terms not exceeding five years.
419.Subsection (2) inserts new sub-paragraphs (3A) to (3C) into paragraph 2 of Schedule 5 to the DPA. Under paragraph 2(3) of Schedule 5 the Commissioner may be removed from office by Her Majesty in pursuance of an Address from both Houses of Parliament. New sub-paragraph (3A) sets out grounds for removing the Information Commissioner from his post. It also provides that an Address cannot be sought unless a Minister is satisfied that at least one of the listed grounds is met and presents a report to this effect.
420.New sub-paragraph (3B) provides that the Information Commissioner must be appointed on merit and on the basis of fair and open competition.
421.New sub-paragraph (3C) provides that the Information Commissioner may only serve a single term of office, and cannot be reappointed. As a consequence, subsection (2) repeals paragraph 2(5) of Schedule 5 to the DPA which currently permits reappointment of the Commissioner. This subsection also repeals paragraph 2(4) of Schedule 5 which requires the Commissioner to vacate his or her office on reaching 65 years of age.
422.Subsection (4) makes a consequential amendment to the heading of paragraph 2 of Schedule 5 to the DPA (‘tenure of office’ becomes ‘tenure of office and appointment’) to reflect the wider scope of this provision.
423.Subsection (5) repeals spent transitional provisions in section 18 of the FOIA in respect of the tenure of office of the Data Protection Commissioner following the change of name of that office to that of Information Commissioner.