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About the Office's competence - document archive

 
 
 
  • Competence in the field of personal data protection.

    The Office´s scope of authority is stipulated by the Data Protection Act (Articles 2 and 29). Moreover, the Office is vested with additional powers related to special issues and anchored in special laws.

    In developing its administrative activities, the Office acts on the Data Protection Act and the Administrative Code (Act No. 500/2004 Coll.) which is the basic piece of procedural law.

    In its supervisory activities, the Office is governed by the provisions of Act No. 101/2000 Coll. and certain provisions of Act No. 552/1991 Coll., on state control. The specimen of the identification card held by the Office´s inspectors is depicted in the Government Order No. 8/2005 Coll.

    The Office administers the public administration information systems pursuant to Act No. 365/2000 Coll., on information systems of public administration.

    The Office provides information relating to its scope of authority pursuant to Act No. 106/1999 Coll., on free access to information.

  • Supervision over compliance with the obligations applicable to the processing of personal data in the electronic communications sector.

    Act No. 127/2005 Coll., on electronic communications and the amendment to certain other acts (Electronic Communications Act), stipulates in Section 87(3) that supervision over compliance with the obligations in processing personal data according to this Act shall be provided by the Office for Personal Data Protection.

  • Supervision over compliance with the obligations applicable to dissemination of commercial communications.

    Act No. 480/2004 Coll., on certain information society services and the amendment to certain other acts (Certain Information Society Services Act), stipulates in Section 10(1) that supervision over the compliance with the Act in the area of dissemination of commercial communications shall be executed by the Office for Personal Data Protection. Pursuant to Section 12(5), the supervisory body shall impose and collect fines for administrative offences pursuant to this Act. In case of cross-border cooperation the Office performs supervision pursuant the Regulation No. 2006/2004 of the European Parliament and of the Council of 27 October 2004 on cooperation between national authorities responsible for the enforcement of consumer protection laws (the Regulation on consumer protection cooperation).

    Act No. 40/1995 Coll., on the regulation of advertising, also amending Act No. 468/1991 Coll., on operating radio and television broadcasting, stipulates in Section 7(1)(f) that compliance with the Act in respect of any unsolicited advertising disseminated with help of electronic means shall be supervised by the Office for Personal Data Protection.

  • Discussing administrative offences in the area of special processing of personal data.

    Act No. 329/1999 Coll., on travel documents and on amendment to the Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (Travel Documents Act), stipulates in Section 34a(4) and in Section 34c(4) that the Office for Personal Data Protection shall be the authority with jurisdiction in the first instance over proceedings concerning minor offences and administrative offences relating to unauthorised processing of information stored on biometric data carriers.

    Act No. 133/2000 Coll., on register of population and birth numbers, and on amendments of certain acts (Register of Population Act), stipulates in Article 17e(6) that any administrative offences pursuant to that Act shall be reviewed in the first instance by the Office for Personal Data Protection.

    Act No. 159/2006 Coll., on conflict of interests, stipulates in Section 25(2) that the Office for Personal Data Protection shall review minor offences constituting:

    1. use or further processing of data stored in the register for purposes other than the detection of any potential conflict of interest in the performance of a public office;
    2. breaches of the confidentiality obligation pursuant to this Act in relation to any information which an individual has learned from the data stored in the register, or about persons, which reported to the recording authority any facts indicating that any other information stored in the register has been untruthful or incomplete;
    3. unauthorized disclosure to a third party of a username or password used to search in the Register in electronic form.

    The Act No. 325/1999 Coll., on Asylum and on Amendment to the Act No. 283/1991 Coll., on the Police of the Czech Republic, as amended (Asylum Act) provides in the Article 93b(4) that an offence pursuant to Article 93(4)(c) and an administrative offence pursuant to Article 93a(2) (consisting in an unlawful processing of data processed on a data carrier containing biometric data) are in the first instance considered by the Office for Personal Data Protection.

  • Generating and transferring electronic identifiers for public administration registers

    Act No. 111/2009 Coll., on basic registers stipulates in Article 11 that the Office for Personal Data Protection

    1. generates source identifiers of physical persons and item-related identifiers of physical persons and maintains lists thereof;

    2. ensures transfers of a physical person´s item-related identifier within one administrative dossier to item-related identifier of this physical person under another dossier on the basis of a legal request.

 

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