The European General Data Protection Regulation (GDPR) introduces new rules for the protection of personal data. Since May 2018, citizens have gained more control over their data and businesses benefit from a level playing field. Act 101/2000 Coll. Is a thing of the past. However, you must perform a number of new responsibilities, such as keeping records of processing.
Thanks to the EU regulation on the protection of personal data, new adaptation laws are being created and those related to Act 101/2000 Coll. Are being repealed. Many organizations have a number of new responsibilities, such as:
However, the organization must always ensure that the Data Protection Officer does not have a conflict of interest, ie. to decide some processing itself and set its specific parameters.
Each organization that appoints a trustee is responsible not only for selecting a sufficiently qualified person, but also for allocating resources to the trustees to continue to maintain and develop their qualifications.
The Data Protection Officer must have at least a basic knowledge of law and practice in the field of personal data processing. And it should also have a basic ability to orient in information security, setting up and managing processes and conducting audits. It seems like a challenging task, but we will prepare you for this invitation in an internationally certified course, which does not require any prerequisites.
What is on the agenda of the Data Protection Officer? Under the Privacy Commissioner, an organization can assign you a number of tasks. Participation in staff training, revision of internal guidelines and contracts (concerning the processing of personal data). Keeping records on the processing and reporting of cases where there has been a breach of data security.
However, the appointment of a Data Protection Officer does not end, but rather begins, the organization's obligations to comply with the GDPR. The organization, whether the controller or the processor of personal data, must ensure, inter alia, that the trustee is involved in a timely and sufficient manner in all processes related to the processing of personal data and setting its parameters, that he has sufficient resources to perform his tasks, independent in their implementation and that they will have access to the organisation's management in matters of data protection.
Other critical data includes GPS positions, health data, and many other pieces of information that identify or describe a particular individual.
The operator is the Publications Office of the European Union. It is possible to search in the regulations by name, document number, celex number, etc.
In case of breach / non-compliance with obligations or refusal to cooperate with the state control body, the data processor is subject to a sanction of up to EUR 20 million or up to 4% of the company's worldwide annual turnover. The sanction can, of course, be imposed repeatedly.
Based on Regulation (EU) 2016/679 of the European Parliament and of the Council on the protection of individuals with regard to the processing of personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation)
1. The controller and the processor shall ensure that the data protection officer is involved, properly and in a timely manner, in all issues which relate to the protection of personal data.
2. The controller and processor shall support the data protection officer in performing the tasks referred to in Article 39 by providing resources necessary to carry out those tasks and access to personal data and processing operations, and to maintain his or her expert knowledge.
3. The controller and processor shall ensure that the data protection officer does not receive any instructions regarding the exercise of those tasks. He or she shall not be dismissed or penalised by the controller or the processor for performing his tasks. The data protection officer shall directly report to the highest management level of the controller or the processor.
4. Data subjects may contact the data protection officer with regard to all issues related to processing of their personal data and to the exercise of their rights under this Regulation.
5. The data protection officer shall be bound by secrecy or confidentiality concerning the performance of his or her tasks, in accordance with Union or Member State law.
6. The data protection officer may fulfil other tasks and duties. The controller or processor shall ensure that any such tasks and duties do not result in a conflict of interests.
a) to inform and advise the controller or the processor and the employees who carry out processing of their obligations pursuant to this Regulation and to other Union or Member State data protection provisions;
b) to monitor compliance with this Regulation, with other Union or Member State data protection provisions and with the policies of the controller or processor in relation to the protection of personal data, including the assignment of responsibilities, awareness-raising and training of staff involved in processing operations, and the related audits;
c) to provide advice where requested as regards the data protection impact assessment and monitor its performance pursuant to Article 35;
d) to cooperate with the supervisory authority;
e) to act as the contact point for the supervisory authority on issues relating to processing, including the prior consultation referred to in Article 36, and to consult, where appropriate, with regard to any other matter.
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