Former Data Protection Commissioner Joseph Ebejer.

The data protection watchdog is in a state of limbo, with no commissioner in charge after the government failed to nominate a successor to Joseph Ebejer, whose five-year term expired last week.

Sources said Mr Ebejer, who had been appointed in 2009, was not keen to serve another term as Data Protection Commissioner and had informed the government about his intentions several weeks in advance.

However, his replacement has not yet been named.

Questions sent yesterday to the Office of the Prime Minister about the appointment of a new Data Protection Commissioner were not answered by the time of going to print.

The post had also remained vacant between August 2008 and February 2009 following the death of then commissioner Paul Mifsud Cremona.

Mr Ebejer, who had served as permanent secretary at the Social Policy Ministry, was eventually sworn in.

This resulted in a backlog of cases, since the Office of the Information and Data Commissioner could not hand down any judgments during the interim period.

The Data Protection Act states that the appointment of the data commissioner is the prerogative of the Prime Minister, who must, however, consult with the Opposition leader.

Nominees to the post cannot be MPs, members of the judiciary, officers in the public service or local councillors.

In addition, the Data Protection Act stipulates that the chosen person must not have a financial or other interest in any enterprise or activity, which would likely affect the discharge of his functions as a commissioner.