13 2019 Data Protection (i) No. inability to perform the functions of office arising from mental or physical infirmity; (ii) non-compliance with Chapter Six of the Constitution; (iii) bankruptcy; (iv) incompetence; or (v) gross misconduct. 12. (1) A person desiring the removal of Data Commissioner on any ground specified under section 11 (d) may present a complaint to the Public Service Commission setting out the alleged facts constituting that ground. Removal of the Data Commissioner. (2) Subject to Article 47 of the Constitution, the Public Service Commission shall consider the complaint and, if satisfied that the complaint discloses a ground under section 11 (d), shall— (a) investigate the matter expeditiously; (b) report on the facts; and (c) make a recommendation to the Cabinet Secretary. (3) Prior to any action under sub-section (2), the Data Commissioner shall be— (a) informed, in writing, of the reasons for the intended removal; and (b) offered an opportunity to put in a defence against any such allegations. 13. The Data Commissioner shall in consultation with the Public Service Commission, appoint such number of staff as may be necessary for the proper and efficient discharge of the functions under this Act or any other relevant law. 14. The Data Commissioner and staff of the Office shall be paid such remuneration or allowances as the Salaries and Remuneration Commission may advise. Staff of the Office. Remuneration of the Data Commissioner and staff. 15. The Data Commissioner shall take the oath set out in the First Schedule on appointment. Oath of office. 16. The Data Commissioner, or any staff of the Office, shall not, unless with lawful authority, disclose any information obtained for the purposes of this Act. Confidentiality agreement. !