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Public interest documents

 

The list public interest documents, as provided by Article 5 paragraph (1) of Law no. 544/2001 on the free access to public interest information: 

 

Legislative Acts

 

The legislative acts which regulate the organization and functioning of the National Supervisory Authority for Personal Data Processing, as well as its’ activity

• Law no 102/2005 on the setting up, organization and functioning of the National Supervisory Authority for Personal Data Processing;

• The Regulation of the 2nd of November 2005 on the organization and functioning of the National Supervisory Authority for Personal Data Processing;

• Law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free movement of such data, modified and amended; the law is in accordance with the provisions of the Directive 95/46/EC of the European Parliament and Council of the 24th of October 1995;

• Law no. 682/2001 on ratifying the Convention on the protection of individuals with regard to the automatic processing of their personal data;

• Law no. 506/2004 on the processing of personal data and the protection of private life within the electronic communications’ sector;

• Law no. 55/2005 on ratifying the Additional Protocol to the Convention on the protection of individuals with regard to the automatic processing of their personal data, regarding the control authorities and the dataflow across borders;

 

Organisational Structure

 

The Organisational structure and the attributions of the departments are established by the Decision of the Standing Bureau of the Senate no. 16/2005 on approving the Regulation of organisation and functioning of the National Supervisory Authority for Personal Data Processing 


Working Hours

 

The working hours of the National Supervisory Authority for Personal Data Processing are:

Monday – Thursday: 8.00 – 16.30

Friday: 8.00 – 14.00

The public working hours of the Registration Office are 10.00-13.00 Monday thru Friday.

 

Dispatcher Program

 

Data controllers and data subjects can receive information on the legislation applicable to personal data processing carried out in Romania, in the call center Monday through Friday from 9 am to 11 am.

 

Schedule for Audiences

 

Data controllers and data subjects can receive information on the legislation applicable to personal data processing carried out in Romania, at the premises of the National Supervisory Authority for Personal Data Processing.

Audiences may be granted by the supervisory authority’s counsellors every day (Monday thru Friday) between 11:00-13:00.

 

NSAPDP’s Management

 

Ancuța Gianina OPRE – President of the National Supervisory Authority for Personal Data Processing

Vacant - Vicepresident of the National Supervisory Authority for Personal Data Processing

Andreea Marina Parepa – Head of the Economic and Human Resources’ Department

Emilia Datcu – Head of the Control Department

Alina Savoiu – Head of the Department Legal and Communication

Simona Sandru - Head of the Complaints Department

Adina Diaconescu - Head of Notification Department

Luisa Serghiuta - Head of International Relations Department

 

Contact Data of the NSAPDP

 

G-ral Gheorghe Magheru bulevard no. 28-30, 1st district, Bucharest

Phone: +40.318.059.211

Fax:+40.318.059.602

e-mail:anspdcp@dataprotection.ro

www.dataprotection.ro

 

List of documents

 

The list containing the category of data elaborated and/or administrated, according to the law

  • decisions and draft decisions of the authority's president
  • instruments for presenting the normative acts: explanation notes, fundamental notes, report for approval
  • cooperation protocols with public authorities and institutions and also with similar authorities
  • annual reports
  • studies, analysis, programmes, strategies
  • petitions and addresses
  • project card, terms of reference
  • public acquisition file
  • minutes
  • opinions
  • procedural acts in front of the courts and other bodies with jurisdictional activity
 

Means to contest

 

Means to contest a decision of the authority or of a public institution in the case in which the persons considers to be harmed concerning the access right to public information are provided by Articles 21 and 22 of Law no. 544/2001 concerning the free access to public information, meaning:

  • petition - to the management of NSAPDP
  • complaint to the administrative court, whose territorial jurisdiction covers the complainant's domicile or the premises of NSAPDP, according to the provisions of Law no. 554/2004 administrative legal practice.

 

Audience Management Program

 

The President: Friday 12 noon - 2 pm

Vice President: Monday 12 noon - 2 pm

Head of the Control’ Department: Tuesday 10 am - 12 noon

Head of the Complaints Department: Tuesday 12 noon - 2 pm

Head of International Relations Department: Wednesday 10 am - 12 noon

Head of Notification Department: Wednesday 12 noon - 2 pm

Head of the Department Legal and Communication: Thursday 12 noon - 2 pm

_ _ _ _ _ _ _ _ _ _

 

The National Supervisory Authority for Personal Data Processing

 

Decision no. 103 of 31st August 2006

on public interest information that may be communicated and the information exempted from communication

Based on the provisions of Law no. 544/2001 on the free access to public interest information, modified and amended and those of article 6 paragraph (2) letter b) and article 8 of the Regulation of organization and functioning of the National Supervisory Authority for Personal Data Processing, the President of the National Supervisory Authority for Personal Data Processing issues the following

 

DECISION:

Article 1 - The List of public interest information communicated ex officio, in accordance with article 5 of Law no. 544/2001 on the free access to public interest information, modified and amended, included in Annex no. 1, is herby approved.

Article 2 - The List of public interest information communicated upon request, in accordance with article 6 of Law no. 544/2001 on the free access to public interest information, modified and amended, included in Annex no. 2, is herby approved.

Article 3 - The List of information exempted from communication, included in Annex no. 3, is hereby approved.

Article 4 - The structures within the National Supervisory Authority for Personal Data Processing, competent for checking the observance of the provisions of article 12 of Law no. 544/2001, modified and amended, on the exemptions from the free access of citizens to certain information, are included in Annex no. 4.

Article 5 - The periodic activity report of the National Supervisory Authority for Personal Data Processing, which will be published in the Official Journal of Romania, Part III according to the provisions of article 5 paragraph (3) of Law no. 544/2001, modified and amended, will be issued at the end of each year by the Legal and Communication Department, in collaboration with the other departments within the National Supervisory Authority for Personal Data Processing.

Article 6 - In view of the enforcement of the provisions of articles 6 and 7 of Law no. 544/2001, modified and amended, the National Supervisory Authority for Personal Data Processing will ensure the access to public interest information either ex officio or upon request, through the Legal and Communication Department. In this sense the departments within the National Supervisory Authority for Personal Data Processing will submit to the Legal and Communication Department, as the case may be:

a) the reply to the request for public interest information, within:

- 7 days from the date the request is registered;

- no longer than 25 days from the date the request is registered in the case of complex information;

b) the refusal to communicate the requested information, with the adequate motivation, within 3 days from the date of registering the request.

Article 7 - The supervision of carrying out the provisions of this Decision is in the responsibility of the vice president of the National Supervisory Authority for Personal Data Processing.

Article 8 - On the date this Decision enters into force any contrary provisions are abolished.

Article 9 - Annexes 1 to 4 are an integral part of this Decision.

 

PRESIDENT,

Georgeta BASARABESCU

Bucharest, 31st August 2006

 

Annex no. 1: The List of public interest information communicated ex officio in accordance with article 5 of Law no. 544/2001 on the free access to public interest information, modified and amended.

 

1. The normative acts which regulate the organisation and functioning of the National Supervisory Authority for Personal Data Processing.

2. The organisational structure, attributions of the compartments and functioning hours.

3. Name and surname of the persons within the management of the National Supervisory Authority of Personal Data Processing as well as those responsible for distributing public information.

4. The schedule for the front office desk, as well as audiences by persons within the management of the National Supervisory Authority for Personal Data Processing.

5. The contact details of the National Supervisory Authority for Personal Data Processing, namely: name, premises, phone and fax no, e-mail address and web page.

6. Financial sources, budget and accounting balance.

7. The Strategy of the National Supervisory Authority for Personal Data Processing for 2006-2010.

8. The list of public interest documents.

9. The list on the categories of documents issued and/or managed according to the law.

10. Means of contesting the authority's decisions in case the data subject considers he was prejudiced in relation to his right of access to requested public interest information.

11. The authority's yearly activity report.

12. The yearly acquisitions' plan.

13. The authority's periodic activity report, after its publication in the Official Journal of Romania, Part III, in accordance with article 5 paragraph (3) of Law no. 544/2001.

 

Annex no. 2: The list of public interest information communicated upon request, in accordance with article 6 of Law no. 544/2001 on the free access to public interest information, modified and amended

 

1. Press releases

2. Right to reply

3. Information material (brochures) edited by the National Supervisory Authority for Personal Data Processing, within the limits of their availability.

4. Indicators on the activity carried out by the National Supervisory Authority for Personal Data Processing, such as: the total number of notifications on personal data processing, the total number of authorisations, the total number of control activities and investigations, the total number of notices, requests and complaints received by the authority, the total number of assents and recommendations, the total number of sanctions applied according to the law.

5. The name/title of normative acts and, as the case may be, their content, which fundament the minutes of ascertaining offences.

6. Draft normative acts on public debate according to Law no. 52/2003 on decisional transparency within public administration.

 

Annex no. 3: The List of information exempted from communication in order to observe the principle of confidentiality

 

1. Reports of administrative control.

2. Working notes/memos with an internal character

3. Notices and documents on disciplinary inquiries

4. Phone no. of the authority's employees, as well as information on their extra-professional activities.

5. Notices, requests and complaints of data subjects, data controllers, as well as any other interested persons.

6. The General Register on entries-exits of correspondence.

7. The Register on requests and answers on the access to public interest information.

8. The Register on authorisations of transfers of personal data aboard.

9. The Register on files/dossiers (requests, complaints or notices).

10. The Register on decisions, assents and recommendations issued by the authority's president whilst exercising the attributions related to the processing of data.

11. The Register on acts issued by the authority's president whilst exercising his attributions related to the internal activity of the authority.

12. The Special Register on secret and confidential correspondence.

13. The Archive's Register.

14. The Register on the inventory of goods.

15. Correspondence with public national and international institutions.

16. The files on the litigations in which the institution is involved and the names of the persons that represent the interests of the National Supervisory Authority for Personal Data Processing in those litigations.

17. The minutes on ascertaining contraventions/minor offences.

18. The reports drafted as a result of investigations and control activities.

19. Notes/memos of hearings.

20. Correspondence with companies, data controllers and data subjects.

21. Documents whose communication to the public may infringe on the right to intimate, family and private life or may influence the dossiers/files judged by the courts of law.

22. Decisions with an internal character, issued by the president of the National Supervisory Authority for Personal Data Processing.

23. Internal decisions issued by the heads of the functional structures within the National Supervisory Authority for Personal Data Processing.

24. Pay rolls.

25. Annual and monthly investigation plans.

26. Annual plan on external relations.

 

Annex no. 4: Structures within the National Supervisory Authority for Personal Data Processing competent with verifying the observance of the provisions of article 12 of Law no. 544/2001 on the free access to public interest information, modified and amended, with regard to the exemption from the free access of citizens to certain information

 

1. Information in the field of national defence, security and public order, those referring to deliberations made by authorities, as well as those regarding the economic and political interests of Romania, if they are part of the category of classified information, according to the law.

Competent structures:

- the president of the National Supervisory Authority for Personal Data Processing

- the vice president of the National Supervisory Authority for Personal Data Processing

2. Information on commercial and financial activities, if their publication would infringe on the principle of fair/loyal competition, according to the law.

Competent structures:

- The economic and human resources' directorate within the National Supervisory Authority for Personal Data Processing.

3. Information referring to personal data, according to the law.

Competent structures:

- The economic and human resources' directorate within the National Supervisory Authority for Personal Data Processing

- The Legal and Communication Department within the National Supervisory Authority for Personal Data Processing

4. Information on the procedure during a criminal or disciplinary inquiry/investigation, if the result of that inquiry is prejudiced, confidential sources are revealed or if the life, physical integrity or health of a person are endangered as a result of a finished or ongoing inquiry, information on judicial procedures if their publication may infringe on ensuring an equitable trial or the legitimate interest of any of the parties involved in that trial, as well as information whose publication may prejudice the measures on the protection of youths.

Competent structures:

- The economic and human resources' directorate within the National Supervisory Authority for Personal Data Processing

- The Legal and Communication Department within the National Supervisory Authority for Personal Data Processing