9 2019 Data Protection No. PART II—ESTABLISHMENT OF THE OFFICE OF DATA PROTECTION COMMISSIONER 5. (1) There is established the office of the Data Protection Commissioner which shall be a body corporate with perpetual succession and a common seal and shall in its corporate name, be capable of— Establishment of the Office. (a) suing and being sued; (b) taking, purchasing or otherwise acquiring, holding, charging or disposing of movable and immovable property; (c) entering into contracts; and (d) doing such other legal acts necessary for the proper performance of the functions of the Office. (2) The Office is designated as a State Office in accordance with Article 260(q) of the Constitution. (3) The Office shall comprise the Data Commissioner as its head and accounting officer, and other staff appointed by the Data Commissioner. (4) The Office shall ensure reasonable access to its services in all parts of the Republic. (5) The Data Commissioner shall in consultation with the Cabinet Secretary, establish such directorates as may be necessary for the better carrying of the functions of the Office. 6. (1) The Public Service Commission shall, whenever a vacancy arises in the position of the Data Commissioner, initiate the recruitment process. (2) The Public Service Commission shall, within seven days of being notified of a vacancy under subsection (1), invite applications from persons who qualify for nomination and appointment for the position of the Data Commissioner. (3) The Public Service Commission shall within twenty-one days of receipt of applications under subsection (2)— (a) consider the applications received to determine their compliance with this Act; Appointment of the Data Commissioner. !