Statutes and Composition of Data Protection Inspectorate

Transcription

1 Statutes and Composition of Data Protection Inspectorate Passed no. 10. Published RT I 2007, Entry into force Amended by the followings acts Passed Published Entry into force RT I 2007, 44, , implemented from RT I 2007, 93, RT I 2008, 38, , implemented from RT I 2009, 32, RT I 2010, 10, RT I, , RT I, , RT I, , The statutes are established on the basis of subsection 42 (1) and clauses 49 (1) 10) and 11 of the Government of the Republic Act. Chapter 1. GENERAL PROVISIONS 1. Areas of activity and functions of the Data Protection Inspectorate (1) The Data Protection Inspectorate (hereinafter inspectorate) is a government authority that acts within the area of government of the Ministry of Justice. (2) The inspectorate shall perform functions in the field of personal data protection and public information. 2. Representation While performing its functions the inspectorate shall represent the state. 3. Accountability Pursuant to the Personal Data Protection Act and the Public Information Act the inspectorate shall submit its activity reports to the Constitutional Committee of the Riigikogu [Parliament] and the Chancellor of Justice. 4. Budget of inspectorate (1) The expenses of the inspectorate shall be covered from the state budget. The budget of the inspectorate shall be approved, amended and the implementation thereof shall be supervised by the Minister of Justice. (2) The inspectorate shall have its clearing accounts within the group account of the State

2 Treasury. 5. Seal and insignia The inspectorate shall have a seal with an image of a small national coat of arms and its name and the insignia registered in the prescribed procedure. 6. Location The inspectorate is based in Tallinn. The postal address of the inspectorate is Väike-Ameerika 19, Tallinn. 7. [Repealed] Chapter 2. MAIN FUNCTIONS AND COUNCIL OF INSPECTORATE 8. [Repealed] 9. Main functions of inspectorate The main functions of the inspectorate shall be: 1) exercise of state supervision over the compliance with the legislation regulating the area of activity of the inspectorate and, if necessary, to apply state coercion. 2) participation in the development of legislation concerning its area of activity and making proposals for the amendment and supplementation thereof. 3) participation in the development of the policy, strategy and development plans related to the area of activity thereof; 4) preparation and implementation of the projects related to its area of activity, including participation in the preparation and implementation of international projects; 5) participation in the work of international working groups and organisations concerning its area of activity. 10. [Repealed] 101. Council of inspectorate (1) The objective of the council of the inspectorate is to promote the discussion in the field of

3 personal data protection and public information involving experts and representatives of the public. (2) The composition of the council of the inspectorate shall be approved and they shall be called together by the Director General. Chapter 3. STRUCTURE AND MAIN FUNCTIONS OF STRUCTURAL UNITS 11. [Repealed] 12. [Repealed] 13. [Repealed] 14. Structural units of inspectorate and their main functions (1) The structural units of the inspectorate are the Supervisory Department and the General Department. (2) In its area of supervision the Supervisory Department shall: 1) carry out supervision proceedings, including participating in international supervisions; 2) be a body conducting extra-judicial misdemeanour proceedings; (3) The general department shall: 1) organise explanation and publicity; 2) organise international co-operations; 3) maintain the register under the Personal Data Protection Act 31; 4) grant permissions under the Personal Data Protection Act 16 (3) and 18 (3); 5) approve the documentation of data bases on the basis of 43 3 (3) of the Public Information Act; 6) organise the work and administration of the inspectorate and the appropriate reporting; 7) carry out supervision proceedings in the current section points 3-5. (4) Departments shall assist each other in harmonising the workload and carrying out proceedings, analyse development in their sections and produce guide lines mentioned in the

4 Personal Data Protection Act 33 (1) 5 and Public Information Act 45 (4) and work together with other organisations in improving data protections and access to public information. (5) The specific functions, competence and division of tasks of structural units shall be determined by the statutes of the department approved by the Director General. Chapter 4 ORGANISATION OF MANAGEMENT 15. Management of inspectorate (1) The inspectorate shall be directed by the Director General, who shall be nominated by the Government of the Republic on the proposal of the Minister of Justice for five years. (2) [Repealed] (3) During the absence of the Director General he or she shall be substituted by the directors in the order determined by the Director General. In the absence of both directors the Director General shall be substituted by another official nominated by the Director General. 16. Obligations, rights and liability of Director General (1) Director General shall be independent upon the performance of its functions and acts pursuant to the Constitution, laws and legislation established on the basis thereof. (2) Director General shall: 1) be liable for accurate and expedient compliance with the laws concerning organisation of the activities of the inspectorate and the legislation issued on the basis thereof; 2) act on behalf of the inspectorate and represent the inspectorate, and shall authorise other officials to represent the inspectorate; 3) issue directives on service-related issues, which are compulsory for all the public servant of the inspectorate, on the basis of and for implementation of an act, a regulation or order of the Government of the Republic or a regulation or order of the Minister of Justice;

5 4) [Repealed] 5) submit proposals to the Ministry of Justice for the organisation of the area of activities of the inspectorate; 6) approve the statutes, the procedure for records management, internal rules, internal accounting policies and procedures and other documents on work organisation and job descriptions of the public servants in compliance with the legislation; 7) nominate and release from office the officials of the staff of the inspectorate, conclude, amend and terminate employment contracts; 8) [Repealed]; 9) apply incentives and impose disciplinary penalties on the officials of the inspectorate on the bases of and in the procedure prescribed by law; 10) approve the salary grades of the inspectorate pursuant to the legislation in force and the payroll fund; 11) [Repealed] 12) submit proposals to the Ministry of Justice with regard to the expenditure budget of the inspectorate, be liable for accurate and expedient implementation of the budget and for purposeful use of the state assets; 13) have the right of first signature on the bank and accounting documents of the inspectorate, appoint other officials to be signatories; 14) conclude agreements on behalf of the inspectorate; 15) issue orders which are compulsory for all the public servants of the inspectorate; 16) carry out public procurements within his or her competence; 17)make decisions on the issues related to the state assets in the possession of the inspectorate on the basis of the State Assets Act and the legislation issued on the basis thereof; 18) notify the Constitutional Committee of the Riigikogu and Chancellor of Justice of the

6 compliance of the activities of the inspectorate with the Constitution, other acts and legislation. 19) participate in the development of acts which deal with the area of activity of the inspectorate and other legislation; 20) perform other functions that are imposed on the inspectorate by law or legislation issued on the basis thereof. 17. Director (1) The inspectorate shall have a Development Director and a Supervisory Director under the General Director. (2) The Development Director shall run the General Department and the Supervisory Director shall run the Supervisory Department. (3) The Directors organise their department s actions and represent the inspectorate in the extent that they have authority. Chapter 5. COMPOSITION OF STAFF 18. Composition of staff (1) The inspectorate shall have 18 staff members (2) The names of the positions and their division between the structural units shall be determined by a directive of the Director General. (3) The Director General may create positions directly in his or her subordination outside the structural units. Chapter 6. FINAL PROVISIONS 19. Reorganisation and termination of activities The reorganisation or termination of activities of the inspectorate shall be implemented pursuant to conditions and procedures provided in legislation. 20. [Omitted from this text] 21. Implementation of regulation

7 The regulation shall be applied from 18 February 2007.