The Personal Data Protection Act, 2022

Board members serve fixed terms, may be reappointed once, and may resign by written notice to the appointing authority.

Jurisdiction: Tanzania
Instrument: Act or statute
Citation: The Personal Data Protection Act, 2022
Version: Undated source snapshot
Language: en
Official source: View official record ↗

appointment and removal board governance board meetings board membership board procedure board remuneration corporate governance corporate meetings disclosure governance meeting attendance notice requirements office cessation recusal resignation tenure voting voting rights

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Board members serve fixed terms, may be reappointed once, and may resign by written notice to the appointing authority. A Board member may stop holding office at any time, including for listed reasons such as illness, misconduct, missing three consecutive meetings without notice, resignation, or death. If a Board member misses three consecutive meetings without notice, the Board must inform the appointing authority, who may end the appointment and replace the member. The Minister may also appoint a temporary member when a member cannot attend because of illness, infirmity, or being outside the United Republic. Board proceedings are not invalid merely because a member’s appointment was defective or the member was disqualified or disentitled. The Board must meet quarterly, and the Chairman or Vice-Chairman may convene meetings in specified circumstances.

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Provisions of The Personal Data Protection Act, 2022

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Board members serve fixed terms, may be reappointed once, and may resign by written notice to the appointing authority.

1.-(1) The tenure of members of the Board shall be as follows: (a) a Chairman and Vice-Chairman - four years; and (b) other members - three years. (2) Each member shall be eligible for reappointment for one further term and thereafter shall not be eligible for re- appointment. (3) Any member may at any time resign by giving notice in writing to the appointing authority and from the date specified in the notice or if no date is so specified, from the date of receipt of the notice by the appointing authority, he shall cease to be a member. Cessation of members
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A Board member may stop holding office at any time, including for listed reasons such as illness, misconduct, missing three consecutive meetings without notice, resignation, or death.

2. A member of the Board may at any time cease from his office on the following reasons: Absence from meetings of Board (a) inability to perform the functions of his office arising from infirmity of body or mind; (b) misbehaviour or misconduct in a manner which bring or is likely to bring the Board into disrepute; (c) absence from three consecutive meetings of the Board without notification; (d) resigning; and (e) death.
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If a Board member misses three consecutive meetings without notice, the Board must inform the appointing authority, who may end the appointment and replace the member. The Minister may also appoint a temporary member when a member cannot attend because of illness, infirmity, or being outside the United Republic.

3.-(1) Where any member absents himself from three consecutive meetings of the Board without notification, the Board shall advise the appointing authority of the fact and the appointing authority may terminate the appointment of the member and appoint another member in his place. (2) Where any member is by reason of illness, infirmity or absence from the United Republic unable to attend any meeting of the Board, the Minister may appoint a temporary member in his place and any such temporary member shall cease to hold office on the resumption of office of the substantive member. Proceeding not to be invalid by reason of irregularity
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Board proceedings are not invalid merely because a member’s appointment was defective or the member was disqualified or disentitled.

4. The proceedings of the Board shall not be invalid by reason only of any defect in the appointment of any member or of the fact that any member was at the time disqualified or disentitled as such. 38 Personal Data Protection Act GN. NO. 395B (Contd) Meetings Board of
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The Board must meet quarterly, and the Chairman or Vice-Chairman may convene meetings in specified circumstances.

5.-(1) The Board shall meet in quarterly basis at such times and places as it deems necessary for the transaction of its business. Conflict of interest (2) The Chairman or, in his absence, the Vice-Chairman, may, convene a special or extraordinary meeting of the Board. (3) An ordinary meeting of the Board shall be convened by the Chairman and the notice specifying the place, date and time of the meeting shall be sent to each member not less than ten days before the date of the meeting and where the Chairman is unable to act by reason of illness or other cause or is absent from the United Republic, the Vice-Chairman may convene the meeting. (4) The Board may act notwithstanding any vacancy in its membership.
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Board members with a conflict of interest must disclose it immediately and stop taking part in the decision on that matter.

6.-(1) Where at any time a member of the Board has a conflict of interest in relation to- (a) any matter before the Board for consideration or determination; (b) any matter the Board could reasonably expect might come before it for consideration or determination, the member shall immediately disclose the conflict of interest to the other members of the Board and refrain from taking part, or taking any further part, in the consideration or determination of the matter. (2) Where the Board becomes aware that a member has a conflict of interest in relation to any matter which is before the Board, shall direct the member to refrain from taking part, or taking any further part, in the consideration or determination of the matter. (3) A member of the Board shall be considered to have breached the provision of subparagraph (1) if- (a) he fails without reasonable cause to make declarations of his interests as required; or (b) he knowingly makes a declaration false or misleading in material particulars thereby affecting the decision, that person commits an offence and shall be required to resign from office. Invitation of expert
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The Board may invite a non-member to join its deliberations and provide expertise, but that person may not vote.

7. The Board may invite any person who is not a member to participate in the deliberations of the Board and provide expertise as the Board may require, but such person shall not be entitled to vote. Quorum
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A Board meeting has a quorum only if more than half of the Board members are present.

8. The quorum at any meeting of the Board shall be more than half of the members in the Board. Minutes of meetings
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The Board must keep minutes of each meeting and confirm them at its next meeting.

9. Minutes of each meeting of the Board shall be kept and shall be confirmed by the Board at its next meeting. 39 Personal Data Protection Act GN. NO. 395B (Contd) Decision of Board
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Board decisions are made by majority vote of members present, and the Chairman has a casting vote if the votes are equal.

10. Decision of the Board shall be decided by majority of the vote of the members present and in the event of the equality of the vote the Chairman shall have a casting vote. Board to regulate its own proceedings
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The Board must regulate its own proceedings for its meetings and duties, subject to this Act.

11. Subject to the provisions of this Act, the Board shall regulate its own proceedings in relation to its meetings and discharge of its duties. Remuneration of members
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Board members are to be paid fees and allowances set by the relevant authority.

12. The members of the Board shall be paid such fees and allowances as may be determined by the relevant authority. _____________________________________________ 40

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The Personal Data Protection Act, 2022

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