Informacijski pooblaščenec Republika Slovenija
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Competencies of the Information Commissioner under the Personal Data Protection Act and GDPR

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Competencies of the Information Commissioner under the Personal Data Protection Act, are:

1. performing supervision over the implementation of the provisions of Personal data protection Act (PDPA), (handle cases of complaints, appeals, notifications and other applications, explaining possible breach of law);

2. issuing supervision measures based on Art. 54 of PDPA (prohibition to process personal data, anonymization, blocking, erasing or destroying personal data, when established that the data is not processed according to the law.

3. issuing other supervision measures in accordance with the Act governing inspection supervisions and the Act governing general administrative procedure (Point 5, Para. 1 Art. 54 of PDPA);

4. performing preventive supervision with personal data controllers in public and private sectors;

5. managing and maintain a register of personal databases, ensure its updating and public internet access (Art. 28 of PDPA);

6. ensure viewing and transcription of data from the database register (as a rule on the same day or in eight days at the latest – Art. 29 of PDPA);

7. performing procedures with regard to violations in the field of personal data protection (expedient procedure);

8. filing a criminal information or perform procedures in accordance with the Act governing violations, if during an inspection, a suspicion of criminal offence or violation arises;

9. deciding on an individual's complaint with regard to processing of personal data based on Art. 9(4) and Art. 10(3) of PDPA;

10. issuing decisions on ensuring an adequate level of personal data protection in third countries (Art. 63 of PDPA);

11. performing procedures of assessing an adequate level of personal data protection in third countries based on findings of supervisions and other information (Art. 64 of PDPA);

12. managing a list of third countries ascertained to have partially or entirely adequate or inadequate personal data protection levels; in case only a partial adequacy of personal data protection is ascertained, the list will also state the scope of adequate protection (Art. 66 of PDPA).

13. managing administrative procedures to issue permissions to transfer personal data to a third country (Art. 70 of PDPA);

14. managing administrative procedures to issue permissions to link public records and registers, in cases when one of the personal databases to be linked, contains sensitive personal data or if implementation of the linking requires the use of the same connecting code (such as the EMŠO – the standardized personal registration number or tax number);

15. managing administrative procedures to issue declaring decisions on whether a planned implementation of biometric measures in private sector is accordant with the provisions of PDPA;

16. working with government bodies, competent EU bodies for protection of individuals with regard to processing personal data, international organizations, foreign personal data protection bodies, institutions, associations, and other bodies and organizations with regard to questions of personal data protection;

17. issuing and publishing preliminary opinions to state bodies and public powers holders on harmonizing the provisions of proposals of legislation with Acts and other legislation governing personal data;

18. issuing and publishing non-obligatory opinions on conformity of professional ethics codes, general conditions of business or the proposals thereof, with regulations in the field of personal data protection;

19. preparing, issuing and publishing non-obligatory recommendations and instructions with regard to personal data protection in a particular field;

20. the publication on the internet page or in another appropriate manner of preliminary opinions on compliance with positive Acts and other legislation of proposals of Acts and other regulations in the field of personal data protection as well as publication of requests for constitutional review of statutes (Art. 48 of PDPA), issue internal bulletin and expert publications, publish decisions and court resolutions dealing with personal data protection, as well as non-obligatory opinions, explanations, positions and recommendations with regard to personal data protection (Art. 49 of PDPA);

21. issuing press releases on performed supervisions and prepare annual reports on its work in the current year;

22. Information Commissioner is an appellate body, competent for supervision over implementation of Information Commissioner Act, Act on access to public information within the frame of its appellate proceedings and the Act on personal data protection;

23. deciding on the appeal of an individual when the data controller refuses his request for access to data relating to him or request for extract, list, examination, confirmation, information, explanation, transcript or copy in accordance with provisions of the Act governing personal data protection (competency established in the Information Commissioner Act);

24. Information Commissioner also participates in working groups for personal data protection, formed within the EU framework and bringing together independent bodies for protection of personal data in member states (Working party 29 based on Directive 95/46/EC; supervisory bodies dealing with processing of personal data in Schengen information system, Customs information system and Europol; and Eurodac Supervision Coordination Group);

 

Competencies of the Information Commissioner as supervisory authority under the General Data Protection Regulation, are (Art. 57 of GDPR):


(a) monitor and enforce the application of this Regulation;

(b) promote public awareness and understanding of the risks, rules, safeguards and rights in relation to processing. Activities addressed specifically to children shall receive specific attention;

(c) advise, in accordance with Member State law, the national parliament, the government, and other institutions and bodies on legislative and administrative measures relating to the protection of natural persons' rights and freedoms with regard to processing;

(d) promote the awareness of controllers and processors of their obligations under this Regulation;

(e) upon request, provide information to any data subject concerning the exercise of their rights under this Regulation and, if appropriate, cooperate with the supervisory authorities in other Member States to that end;

(f) handle complaints lodged by a data subject, or by a body, organisation or association in accordance with Article 80, and investigate, to the extent appropriate, the subject matter of the complaint and inform the complainant of the progress and the outcome of the investigation within a reasonable period, in particular if further investigation or coordination with another supervisory authority is necessary;

(g) cooperate with, including sharing information and provide mutual assistance to, other supervisory authorities with a view to ensuring the consistency of application and enforcement of this Regulation;

(h) conduct investigations on the application of this Regulation, including on the basis of information received from another supervisory authority or other public authority;

(i) monitor relevant developments, insofar as they have an impact on the protection of personal data, in particular the development of information and communication technologies and commercial practices;

(j) adopt standard contractual clauses referred to in Article 28(8) and in point (d) of Article 46(2);

(k) establish and maintain a list in relation to the requirement for data protection impact assessment pursuant to Article 35(4);

(l) give advice on the processing operations referred to in Article 36(2);

(m) encourage the drawing up of codes of conduct pursuant to Article 40(1) and provide an opinion and approve such codes of conduct which provide sufficient safeguards, pursuant to Article 40(5);

(n) encourage the establishment of data protection certification mechanisms and of data protection seals and marks pursuant to Article 42(1), and approve the criteria of certification pursuant to Article 42(5);

(o) where applicable, carry out a periodic review of certifications issued in accordance with Article 42(7);

(p) draft and publish the criteria for accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

(q) conduct the accreditation of a body for monitoring codes of conduct pursuant to Article 41 and of a certification body pursuant to Article 43;

(r) authorise contractual clauses and provisions referred to in Article 46(3);

(s) approve binding corporate rules pursuant to Article 47;

(t) contribute to the activities of the Board;

(u) keep internal records of infringements of this Regulation and of measures taken in accordance with Article 58(2); and

(v) fulfil any other tasks related to the protection of personal data.

According to Article 55(3) the Information Commissioner shall not be competent to supervise processing operations of courts acting in their judicial capacity.