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Polona Tepina, legal adviser Information Commissioner of Slovenia Beograd, April 3 2012

INDEPENDENCE OF THE INFORMATION COMMISSIONER OF SLOVENIA AND ITS RELATION TO THE PARLIAMENT. Polona Tepina, legal adviser Information Commissioner of Slovenia Beograd, April 3 2012. brief introduction - competencies. similar to Serbian

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Polona Tepina, legal adviser Information Commissioner of Slovenia Beograd, April 3 2012

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  1. INDEPENDENCE OF THE INFORMATION COMMISSIONER OF SLOVENIA AND ITS RELATION TO THE PARLIAMENT Polona Tepina, legal adviser Information Commissioner of Slovenia Beograd, April 3 2012

  2. briefintroduction - competencies similar to Serbian „ Commissioner for Information of Public Importance and Personal Data Protection” • Two constitutional, human rights • ACCESS TO PUBLIC DOCUMENTS • PERSONAL DATA PROTECTION • History • COMMISSIONER FOR ACCESS TO PUBLIC DOCUMENTS • DATA PROTECTION INSPECTORATE • INDEPENDENT • INFORMATION • COMMISSIONER • UNDER MINISTRY OF JUSTICE • EU DIRECTIVE

  3. internationallyguarateedindependence Directive 95/46 on protection of personal data and free movement of such data -> demanded independent body! GERMANY (Court of Justice of the EU, C‑518/07) • independent bodies must be able to act: • completely free from any external influence - direct or indirect; from above (e.g. politics) or from below (e.g. public) • objectively and impartially, without taking any instructions or pressure • independence does not mean absolutely no parliamentaryinfluence! • appointment or dismissal by the parliament or the government • the legislator defines the powers / competencies • obligation to report the activities to the parliament HUNGARY (Commission, infringement proceedings) • the term of the Commissioner was ended prematurely • possibility that the prime minister and the president dismiss the new Commissioner on arbitrary grounds

  4. legal framework InformationCommissionerAct • establishment, functioning and position oftheCommissioner • autonomous and independent state body • regulates: • competencies • funds • appointment and dismissal • staff • annual reports • … PersonalDataProtectionAct, Access to PublicInformationAct, ConstitutionalCourtAct,…

  5. statutorymechanismsforcooperationwiththeparliament • appointment / dismissal • confirmingfundsforoperation • annualreports • consultation on draftlawsandregulations • constitutionalreviewoflaws, regulations and general acts, adopted to perform public powers • controlovertheParliament in areasofCommissioner’s competence • access to documents • protectionofpersonaldata

  6. appointmentanddismissal APPOINTMENT • Parliamentuponproposal of the President • 5 year's term,1 reappointment • stateofficial • conditions – set bylaw DISMISSAL • Parliamentuponproposal of the President • early dismissal – only forreasons provided bythe Law INCOMPATIBILITY • not holding office in politicalparties, state bodies, local self-government bodiesandtrade unions • not functions incompatible with the holding of a public office STAFF (knowledgeauthonomy) • expert and administrative-technical staff • selecting own staff, Deputies, Secretary General • establishing own organizational structure

  7. financialindependence annualreports • funds for operation are provided from the State budget • determined by the Parliament • on proposal of the Information Commissioner • the role oftheGovernment (Ministryof Finance) • send annual report to the Parliament– at latest until theendofMay • publishes the report on theweb site  • presented by the Commissioner or her Deputies to the Parliamentary Committee (e.g. for justice, public administration and local self-government) + debate

  8. opinions, consultation, contitutionalreview • CONSULTATION on draft laws and regulations • Commissioner not engaged in intersectoral consultation (between Governmental bodies) – however may give his opinion • Parliament may: • ask the Commissioner for opinion • invite the Commissioner for a consultation • CONSTITUTIONAL REVIEW of laws, regulations and general acts, adopted to perform public powers • only if a question of constitutionality or legality arises in the concrete case handled by the Commissioner • very important function, with which the Commissioner may actually perform a substantive control over the legislator • Ministry of Justice proposed removing this competence (fortunately decided not to)

  9. public trust in information commissioner

  10. Thank you for your attention! www.ip-rs.si

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