“ “ The Albanian Commissioner for The Albanian Commissioner for Personal Data Protection Office”Personal Data Protection Office”

” ” 33rdrd International Conference “Russia – International Conference “Russia – the Balkans: Confidence and Security in the Balkans: Confidence and Security in

the Information Society”the Information Society”

September 2011 September 2011

Herceg Novi, MontenegroHerceg Novi, Montenegro

The Institution of The Institution of the Commissioner for the Commissioner for Personal Data Protection Personal Data Protection

For the first time upon the law For the first time upon the law nnoo.9887,dat.9887,date e 10.03.2008, 10.03.2008, established established the Independent Supervising Authority, for Personal Data Protectionthe Independent Supervising Authority, for Personal Data Protection..

• The Commissioner for Personal Data Protection is the independent responsible The Commissioner for Personal Data Protection is the independent responsible authority, that supervise and monitors in compliance with the law, protection of authority, that supervise and monitors in compliance with the law, protection of personal data, respecting and guranting the fundamental human rights and freedom. personal data, respecting and guranting the fundamental human rights and freedom.

• The Commissioner for Personal Data Protection, is a central independent The Commissioner for Personal Data Protection, is a central independent body , legal and public person, with individual decision-making. body , legal and public person, with individual decision-making.

the Commissioner is elected by the Assembly upon a proposal the Commissioner is elected by the Assembly upon a proposal of Council of the Ministers, for a mandate of 5 years, with the of Council of the Ministers, for a mandate of 5 years, with the right to re-election (articles 33,35,36).right to re-election (articles 33,35,36).

The Structure of The Structure of the Commissioner for the Commissioner for

Personal Data ProtectionPersonal Data Protection• All the public and private Institutions are binding to colaborate with the All the public and private Institutions are binding to colaborate with the

commissioner, by providing all necessary information for completion its commissioner, by providing all necessary information for completion its tasks ( see article 32)tasks ( see article 32)

• The Acts of the Commissioner are completely publicThe Acts of the Commissioner are completely public..• The Structure of the Commissioner ’s Office is approved by the Assembly The Structure of the Commissioner ’s Office is approved by the Assembly

of Albania.of Albania.  

The competencies of the Commissioner for The competencies of the Commissioner for Personal Data ProtectionPersonal Data Protection

The Commissioner has the follow rights:The Commissioner has the follow rights:

• Conducts administrative investigation and has the right to access the processing of the Conducts administrative investigation and has the right to access the processing of the personal data and gather all the necessary information for the discharge of the supervision personal data and gather all the necessary information for the discharge of the supervision tasks.tasks.

• Order baring, demolition, or suspension of the un-legal processing of the personal data.Order baring, demolition, or suspension of the un-legal processing of the personal data.• Gives instructions before that processing is carry out and provide the publication of them.Gives instructions before that processing is carry out and provide the publication of them.

The CThe Comommmiissssioner, ioner, in case of serious of the law offences, repeated or in case of serious of the law offences, repeated or intentionally by any controller or processor, especially on those repeated intentionally by any controller or processor, especially on those repeated cases for non implementing his recommendations in compliance with the cases for non implementing his recommendations in compliance with the article 39 of the law , the Commissioner notify publicly or reports to the article 39 of the law , the Commissioner notify publicly or reports to the Assembly and to the Council of Ministers.Assembly and to the Council of Ministers.

The responsibilities of the CommissionerThe responsibilities of the Commissioneras supervising authority as supervising authority

The Commissioner of responsibleThe Commissioner of responsible::• Giving opinions for legal and sub-legal acts, related to the personal data.Giving opinions for legal and sub-legal acts, related to the personal data.• Issuing the authorization, in special cases, for using personal data with not Issuing the authorization, in special cases, for using personal data with not

defined meaning on gathering of them, by respecting the principles of the defined meaning on gathering of them, by respecting the principles of the of article 5 of this law (for protecting the personal data).of article 5 of this law (for protecting the personal data).

• Giving authorizations for international transferring of the personal data , in Giving authorizations for international transferring of the personal data , in compliance with article 9 of this law compliance with article 9 of this law ((international transferring of the international transferring of the personal data)personal data)..

• Issuing bylaws, where defined the period of time of retaining of the personal Issuing bylaws, where defined the period of time of retaining of the personal data, according the meaning of them, in the activities of different sectorsdata, according the meaning of them, in the activities of different sectors;;

• Issuing the authorizations for using of the sensitive personal data Issuing the authorizations for using of the sensitive personal data (especially for a very important public interest).(especially for a very important public interest).

• Solving of the compliance of any individual, for protecting his/her freedom Solving of the compliance of any individual, for protecting his/her freedom and rights and informing for processing the personal data of her/himand rights and informing for processing the personal data of her/him..

The responsibilities of Commissioner The responsibilities of Commissioner as a supervising authority as a supervising authority

• Issuing bylaws for taking security measures of different sectors;• Issuing bylaws, where defined the period of time for the retention of personal data in accordance with the meaning of them;• Preparation in cooperation with the codes of etiks Përgatitjen në bashkëpunim të kodeve të etikës; • Publication and explanation of the right for the protection of personal data and the activities committed. • Cooperating with international supervising authorities in regard the personal data protection for the residential individuals in these states;• The commissioner establish the register for documenting of all notifications and authorizations to exerciseexercise its competencies;• The Commissioner submit annual report to the Assembly and can require the Assembly to be heard for any issue estimated important.

Internet & IT DevelopmentsInternet & IT Developments32 percent of the population uses the internet (versus 4.8 percent in 2005)

In this academic year (2011), admissions at IT Faculties in all public and private universities in the country will be tripled (from 1900 to 6000 students).

2011-will be the year of construction of the National Broadband Network, and its connection to international fiber optic cable.

Major projects undertaken during the last 4 years by the Government:- The successful finalization of the project "Internet in every school"- Digitalization of the “civil registration system” - Online Procurement System

Albanian citizens are increasingly using the Internet and social networking - 1 / 3 of Albanians are regular users of Facebook

Awareness raising campaign undertaken by Awareness raising campaign undertaken by the Commissioner`s Officethe Commissioner`s Office

Results of a questionnaire performed with pupils between the ages of 10 – 16, Results of a questionnaire performed with pupils between the ages of 10 – 16, says that 90 % of them owns a profile in a social network and 44% of these says that 90 % of them owns a profile in a social network and 44% of these users update every day their profiles.users update every day their profiles.

Taking into account the spread of Internet and the massive use of the social Taking into account the spread of Internet and the massive use of the social networks, especially the attention of the office is given to the teenagers as networks, especially the attention of the office is given to the teenagers as the most liable category of user. Risks of violation of privacy that can come the most liable category of user. Risks of violation of privacy that can come from careless exposure to the Internet and especially the use of social from careless exposure to the Internet and especially the use of social networks.networks.

Since most of the of these young people are regular users of social Since most of the of these young people are regular users of social networks, consequently the possibility of uncontrollable spread of personal networks, consequently the possibility of uncontrollable spread of personal data is high. To avoid this phenomenon, it is first necessary to make the data is high. To avoid this phenomenon, it is first necessary to make the youth generation aware of personal data protection issue and the youth generation aware of personal data protection issue and the consequences may occur using these social networks.consequences may occur using these social networks.

Awareness raising activitiesAwareness raising activities

- Organizing seminars, conferences and other activities- Organizing seminars, conferences and other activities

- Written articles in printed media- Written articles in printed media

- Participation in different programe of Televisions (National and local)- Participation in different programe of Televisions (National and local)

- TV spots on Personal Data Protection- TV spots on Personal Data Protection

- Institutions website being updated with the latest information on the - Institutions website being updated with the latest information on the personal data protection issuepersonal data protection issue

- Distribution of leaflets and booklets on raising the awareness on Distribution of leaflets and booklets on raising the awareness on personal data protection fieldpersonal data protection field

Some leaflets to be distributedSome leaflets to be distributed

THANK YOU FOR YOUR KIND THANK YOU FOR YOUR KIND ATTENTION !ATTENTION !

Igli PIRAIgli PIRA

Director of Public RelationsDirector of Public Relations

Commissioner for Personal Data ProtectionCommissioner for Personal Data Protection

igli.pira@kmdp.aligli.pira@kmdp.al