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Law No. 102 Of 3 May 2005 On The Establishment, Organization And Functioning Of The National Supervisory Authority For Personal Data Processing

Original Language Title:  LEGE nr. 102 din 3 mai 2005 privind înfiinţarea, organizarea şi funcţionarea Autorităţii Naţionale de Supraveghere a Prelucrării Datelor cu Caracter Personal

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LEGE no. 102 102 of 3 May 2005 (* updated *) on the establishment, organization and functioning of the National Supervisory Authority for Personal Data Processing ((updated until 7 October 2007 *)
ISSUER PARLIAMENT




---------------- *) The initial text was published in the OFFICIAL GAZETTE no. 391 391 of 9 May 2005. This is the updated form of S.C. "Territorial Center of Electronic Computing" S.A. Piatra Neamt until October 7, 2007, with the modifications and additions made by EMERGENCY ORDINANCE no. 131 131 of 22 September 2005 ; EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 rejected by LAW no. 69 69 of 22 March 2006 ; EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 rejected by LAW no. 270 270 of 1 October 2007 . The Romanian Parliament adopts this law + Chapter I General provisions + Article 1 (1) The National Supervisory Authority for Personal Data Processing, hereinafter referred to as the National Supervisory Authority, is established as a public authority with legal, autonomous and independent personality from any other authority of the public administration, as well as any natural or legal person in the private domain, who exercises the powers that are given to him by the legal provisions in the field of personal data processing and free circulations of this data. (2) The national supervisory authority has the objective of defending the fundamental rights and freedoms of natural persons, in particular the right to intimate, family and private life, in relation to the processing of personal data and with the free movement of such data. (3) The tasks of the National Supervisory Authority are regulated by Law no. 677/2001 for the protection of individuals with regard to the processing of personal data and the free movement of such data. (4) The headquarters of the National Supervisory Authority is in Bucharest. + Article 2 (. The national supervisory authority shall exercise its tasks in a transparent and impartial manner. (2) In the exercise of its powers, the National Supervisory Authority shall not replace the public authorities. (. The national supervisory authority may not be subject to an imperative or representative mandate and shall not be obliged to comply with the instructions or provisions of another authority. + Article 3 (1) The national supervisory authority shall be headed by a chairperson, whose function is assimilated, from the point of view of the function of representation, to the order of prefall, to the salary rights and to the rank of dignity, to the secretary of state. (2) The President leads the entire activity of the National Supervisory Authority and represents it before the Senate and the Chamber of Deputies, in relations with the Government, ministries, other public administration authorities, organizations non-governmental as well as with Romanian and foreign individuals and legal entities. (3) In the management activity of the National Supervisory Authority the president is assisted by a vice-president, whose position is assimilated, from the point of view of the function of representation, order of prefall, salary rights and the rank of dignity, that of the undersecretary of state. (. The President of the National Supervisory Authority shall be the principal authorising officer. (5) In the exercise of his duties, the President of the National Supervisory Authority shall issue binding decisions and instructions for all institutions and establishments to which they relate. (6) Decisions and instructions of a normative nature shall be published in the Official Gazette of Romania, Part I. (7) Public authorities are obliged to communicate or, as appropriate, to provide the National Supervisory Authority, under the law, with the information, documents or documents they hold in relation to the requests that have been addressed to it, giving him support for the full exercise of his duties. + Article 4 ((. The work of the President, the Vice-President and the staff of the National Supervisory Authority shall be public. ((2) At the request of persons injured in their rights and freedoms or due to good reasons, the President of the National Supervisory Authority may decide on the confidential nature of the work carried out in this case. + Article 5 (1) The President of the National Supervisory Authority shall submit annual activity reports to the plenary session of the Senate. The reports shall contain relevant information on the work of the National Supervisory Authority. They may contain recommendations on amending legislation or other measures to protect the rights and freedoms of citizens in relation to the processing of personal data. (2) The annual report shall be published in the Official Gazette of Romania, Part II, after its presentation in the Senate. + Chapter II Appointment and dismissal of the President and Vice-President of the National Supervisory Authority + Article 6 (1) The President and Vice-President of the National Supervisory Authority shall be appointed by the Senate for a term of 5 years. The term of office of the President and the Vice President may be renewed once (2) It may be appointed as chairman or deputy chairman of the National Supervisory Authority any person with Romanian citizenship, a graduate of a legal higher education institution, under the law. The president and the vice-president are politically independent persons with a solid professional competence, a minimum of 10 years in the specialty, a good reputation and who enjoy a high civic probity. ((3) The quality of the President or Vice-Chair of the National Supervisory Authority shall be incompatible with any other public or private function, with the exception of teaching functions. (4) During the period in which they occupy these functions, the President and the Vice-Chair of the National Supervisory Authority may not be part of parties or other political structures and shall not have the right to hold, directly or indirectly, shares or social to commercial companies with an object of activity in areas within the competence of the National Supervisory Authority. + Article 7 (1) The proposals of candidates for the position of chairman or deputy chairman of the National Supervisory Authority shall be made by the Permanent Bureau of the Senate, at the recommendation of the parliamentary groups of the two Houses of Parliament. ((2) Candidates shall submit to the Legal Committee, appointments, discipline, immunities and validations of the Senate the acts by which they prove that they meet the conditions laid down by law to serve as President or Vice President of the National Authority Surveillance. The candidates will be heard by the Legal Committee, appointments, discipline, immunities and validations. The Senate decides on their appointment after the plenary hearing. (3) The appointment of the President and the Vice President of the National Supervisory Authority shall be made with the vote of the majority If this majority is not obtained at the first round of elections, a new round of elections will be held in which only candidates located on the first two seats will participate in the previous elections. + Article 8 (1) The mandate of the President, respectively the Vice President of the National Supervisory Authority shall begin on the date of appointment and shall last until the appointment of the new President, respectively the Vice-President. (2) Prior to the commencement of the term of office, the President and Vice President of the National Supervisory Authority shall submit to the Senate plenary the following oath: " I pledge to respect the Constitution and the laws of the country citizens ' freedoms, fulfilling in good faith and impartiality the duties of President/Vice President of the National Supervisory Authority for Personal Data Processing. So help me God! " (3) The oath may be filed, as the case may be, without the religious formula. (4) The refusal to take the oath leads to the failure to confirm the appointment of the president, respectively the deputy chairman of the National Supervisory Authority and opens the procedure for a new appointment. + Article 9 (1) The mandate of the President, respectively of the Vice President of the National Supervisory Authority, shall cease before the deadline in case of resignation, revocation from office, incompatibility with other public or private functions, impossibility to fulfill duties more than 90 days, found by specialized medical examination, or in case of death. (2) The return from office of the President and the Vice President of the National Supervisory Authority shall intervene as a result of the violation of the Constitution and of the laws or in the event of the proper failure to perform the duties and shall be The permanent Senate office, based on the report of the Legal Committee, of appointments, discipline, immunities and validations, with the vote of the majority of senators. (3) Resignation, incompatibility, failure to perform the function or death shall be found by the Permanent Bureau of the Senate, no later than 10 days after the occurrence of the case that determines the termination of the mandate. + Chapter III Powers of the President and of the Vice-President of the + Article 10 The President of the National Supervisory Authority shall: a) organize and coordinate the work of the National Supervisory Authority; b) ensures the information of the operators and persons concerned by the processing operations of personal data about their rights and oblibations and follows the application of the legislation on the processing of data of a character personnel and their free movement; c) ensure that operators are informed about their oblibations and data subjects regarding their rights in the context of the processing of personal data; d) pursues the application of the legislation on the processing of personal data and the free movement of such data; e) receive and apportion requests addressed by persons harmed by violation of the rights or freedoms of citizens in connection with the processing of personal data and the free movement of such data and decides on these requests; f) seeks to resolve, under the law, the requests received and requests legal or physical persons in question the cessation of violation of citizens ' rights and freedoms, the reinstatement of the petitioner and the repair of damages; g) frame, under the law, civil servants and staff employed with employment contract and exercise the right of administrative and disciplinary authority over them; ------------ Letter g) a art. 10 returned to the form previously had EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006 by rejecting this emergency ordinance by LAW no. 270 270 of 1 October 2007 , published in MONITORUL OFFICIAL no. 678 678 of 4 October 2007. h) exercise the function of principal authorising officer; i) ensure cooperation with similar institutions abroad; j) also performs other duties provided by this law, by the special laws governing the processing of personal data and the free movement of such data and by the Regulation of organization and functioning. + Article 11 (1) The duties of the Vice-Chair of the National Supervisory Authority shall be laid down in the Regulation governing and functioning thereof ((. The Vice-Chair of the National Supervisory Authority shall perform the duties of the President in the event of temporary impossibility to exercise his or her duties. + Article 12 (1) The President of the National Supervisory Authority shall exercise his duties ex officio or at the request of the persons referred to in art. 10 lit. e) and f). ((2) Applications may be addressed by any natural person, without distinction of citizenship, age, sex, political affiliation or religious beliefs, as well as legal persons. + Article 13 (1) The national supervisory authority shall have the right to conduct prior investigations and controls, to ask the public administration authorities for any information or documents necessary for the investigation, to hear and to take statements from the leaders to the public administration authorities and to any public official or contract staff who may give the necessary information to the resolution of a request to the National Supervisory Authority in relation to the processing of personal data personnel and the free movement of such data. (2) Provisions of para. ((1) shall apply to other public authorities and institutions, to any public services under the coordination of public administration authorities, as well as to legal or private persons in the private sector covered by the legislation on the processing of personal data and on the free movement of such data. + Article 14 (. The President and the Vice-Chair of the National Supervisory Authority, as well as its staff shall have access, under the law, to classified documents held by public authorities or other legal persons, to the extent that they are necessary for the exercise of the duties provided by (. The President and the Vice-Chair of the National Supervisory Authority and its staff shall be required not to disclose or disclose the classified information or documents to which they have had access. This obligation is also maintained after the termination of the activity of those persons within the National Supervisory Authority, under the sanction provided by the criminal law. + Chapter IV Organisation and functioning of the National Supervisory Authority + Article 15 (1) The organizational structure of the National Supervisory Authority is approved by its president, with the opinion of the Permanent Bureau of the Senate. ------------ Alin. ((1) art. 15 returned to the form previously had EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006 by rejecting this emergency ordinance by LAW no. 270 270 of 1 October 2007 , published in MONITORUL OFFICIAL no. 678 678 of 4 October 2007. (2) The maximum number of posts, excluding dignitaries, is 50. Until the budget adjustment in 2005, the National Supervisory Authority will have a total of 37 posts, excluding dignitaries. ------------ Alin. ((2) art. 15 returned to the form previously had EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006 by rejecting this emergency ordinance by LAW no. 270 270 of 1 October 2007 , published in MONITORUL OFFICIAL no. 678 678 of 4 October 2007. (3) The organization and functioning regulations shall be drawn up by the National Supervisory Authority and shall be approved by the Permanent Bureau of the Senate. ------------ Alin. ((3 ^ 1) art. 15 was removed by rejecting EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006 by LAW no. 270 270 of 1 October 2007 , published in MONITORUL OFFICIAL no. 678 678 of 4 October 2007. (4) The state of functions and structure of posts on compartments shall be approved by the President of the National Supervisory Authority. + Article 16 (1) The staff of the National Supervisory Authority shall consist of civil servants or, as the case may be, contract staff and shall be subject to examination or competition, under the law. ------------ Alin. ((1) art. 16 returned to the form previously had EMERGENCY ORDINANCE no. 115 115 of 21 December 2006 , published in MONITORUL OFFICIAL no. 1.031 1.031 of 27 December 2006 by rejecting this emergency ordinance by LAW no. 270 270 of 1 October 2007 , published in MONITORUL OFFICIAL no. 678 678 of 4 October 2007. (2) The tasks, tasks and individual responsibilities of the staff of the National Supervisory Authority shall be established by the job description, based on the organization and functioning regulations. ((3) The employment, advancement, as well as the modification and termination of the service relations or, as the case may be, the work of the contractual personnel in the apparatus of the National Supervisory Authority shall be made by decision of its president, under the law. (4) The staff of the National Supervisory Authority may not have shares or shares in companies with an object of activity in areas which are within its competence and cannot be a member of the governing bodies of such companies. (5) The violation of the provisions of this law, of the special laws governing the field of activity of the National Supervisory Authority or of the organization and functioning regulation shall entail criminal, contravention or Disciplinary, as appropriate. + Article 17 (. The national supervisory authority shall have its own budget, which shall be an integral part of the state budget. (2) The national supervisory authority, in consultation with the Government, shall approve its own budget and shall submit it to the Government for inclusion in the state budget. The president's objections to the draft budget prepared by the Government shall be submitted to Parliament for resolution + Article 18 The salary of the staff of the National Supervisory Authority is carried out accordingly to similar functions in the apparatus of the two Houses of Parliament, under the law + Chapter V Final and transitional provisions + Article 19 (1) The database and records, including the archive and the other documents held and managed by the Ombudsman, relating to the protection of persons with regard to the processing of personal data, shall be taken over by The national supervisory authority, on the basis of delivery-receipt protocol, concluded within 45 days from the date of entry into force of this Law *). -------------- *) NOTE C.T.C.E. S.A. Piatra-Neamt: Under the single article of EMERGENCY ORDINANCE no. 131 131 of 22 September 2005 , published in MONITORUL OFFICIAL no. 883 of 3 October 2005, the term provided for in art. 19 19 para. ((1) of Law no. 102/2005 on the establishment, organization and functioning of the National Supervisory Authority for Personal Data Processing, published in the Official Gazette of Romania, Part I, no. 391 of 9 May 2005, shall be extended until 31 December 2005. EMERGENCY ORDINANCE no. 131 131 of 22 September 2005 , published in MONITORUL OFFICIAL no. 883 883 of 3 October 2005 was repealed by art. III of EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 , published in MONITORUL OFFICIAL no. 1.061 1.061 of 28 November 2005. EMERGENCY ORDINANCE no. 131 131 of 22 September 2005 was reinstated by the rejection EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 by the LAW no. 69 69 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006. EMERGENCY ORDINANCE no. 131 131 of 22 September 2005 , published in MONITORUL OFFICIAL no. 883 of 3 October 2005 was approved prior to the reinstatement by LAW no. 27 27 of 28 February 2006 , published in MONITORUL OFFICIAL no. 212 212 of 8 March 2006. (2) Upon completion of the term provided in par. (1), the National Supervisory Authority shall take over the activity of protection of persons with regard to the processing of personal data and personnel related to this activity from the institution of the Ombudsman. (3) Until the end of the term provided in par. (1), the Government shall provide the National Supervisory Authority with the space and facilities necessary to carry out its activity. (4) After the adoption of the regulation provided for in 15 15 para. ((3), but no later than the deadline provided in par. (1), the National Supervisory Authority will frame the staff necessary for the performance of the duties provided by law. --------------- Art. 19 returned to the previous form EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 ,, by rejecting this emergency ordinance by LAW no. 69 69 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006. + Article 20 (1) The number of 37 posts and the funds related to the functioning of the National Supervisory Authority shall be ensured by the corresponding reduction of the number of posts and funds approved for the Ombudsman. --------------- Alin. ((1) art. 20 returned to the previous form EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 ,, by rejecting this emergency ordinance by LAW no. 69 69 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006. (2) The Ministry of Public Finance is authorized to introduce the amendments provided in par. (1) in the structure of the state budget, in the structure and volume of the budgets of the two institutions-the Ombudsman and the National Supervisory Authority-as well as in the annexes thereto. + Article 21 Until the deadline provided for in art. 19 19 para. (1), the Ombudsman will continue to carry out the duties provided by law in the field of protection of persons with regard to the processing of personal data. --------------- Art. 21 returned to the previous form EMERGENCY ORDINANCE no. 163 163 of 24 November 2005 ,, by rejecting this emergency ordinance by LAW no. 69 69 of 22 March 2006 , published in MONITORUL OFFICIAL no. 268 268 of 24 March 2006. + Article 22 Law no. 677/2001 for the protection of persons with regard to the processing of personal data and the free movement of such data, published in the Official Gazette of Romania, Part I, no. 790 of 12 December 2001, shall be amended and supplemented as follows: 1. Paragraph 1 of Article 21 shall read as follows: "" Art. 21. -(1) The supervisory authority, for the purposes of this law, is the National Supervisory Authority for Personal Data Processing. " 2. In Article 21 (3), after letter d) a new letter, letter d ^ 1) is inserted, with the following contents: " d ^ 1) informs the natural or/and legal persons operating in these fields, directly or through their associative structures, on the need to comply with the obligations and to perform the procedures provided for by the present law; " 3. In Article 21 (3), after letter l), a new letter, letter m) is inserted, with the following contents: "m) the organization and functioning of the National Supervisory Authority for Personal Data Processing shall be established by law." 4. Paragraph 5 of Article 27 shall be repealed. + Article 23 Declaration made on art. 2 2 section 3 3 of Law no. 682/2001 on the ratification of the Convention for the Protection of Persons from Automatic Processing of Personal Data, adopted in Strasbourg on 28 January 1981, published in the Official Gazette of Romania, Part I, no. 830 of 21 December 2001, is amended and shall read as follows: "" 3. In art. 3 3 section 2 lit. c): This Convention shall also apply to the processing of personal data carried out by means other than automatic means, which are part of a system of evidence or intended to be included in such a system. The competent national authority shall be the National Supervisory Authority for Personal Data Processing. " + Article 24 On the date of entry into force of this law, the Standing Senate Office will forward, within 10 days, to the Legal, Appointments, Discipline, Immunities and validations Committee proposals for candidates for President and Vice President of the National supervisory authority, in accordance with the provisions of art. 7. This law was adopted by the Romanian Parliament in compliance with art. 75 75 and art. 76 76 para. (1) of the Romanian Constitution, republished. CHAMBER OF DEPUTIES PRESIDENT ADRIAN NASTASE p. SENATE PRESIDENT, TEODOR MELESCANU Bucharest, May 3, 2005. No. 102. -------------