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Independence of Information Commissioner of Slovenia & its Relation to Parliament

Learn about the competencies and history of the Information Commissioner in Slovenia, its independence from external influences, and its legal framework. Explore appointment processes, staff autonomy, financial independence, and constitutional review powers.

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Independence of Information Commissioner of Slovenia & its Relation to Parliament

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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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