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GOVERNMENT OF THE REPUBLIC OF LITHUANIA

GOVERNMENT OF THE REPUBLIC OF LITHUANIA GOVERNMENT OF THE REPUBLIC OF LITHUANIA RESOLUTION ON THE STRUCTURAL REFORM OF THE STATE DATA PROTECTION INSPECTORATE, GRANTING AUTHORIZATION TO THE STATE DATA PROTECTION INSPECTORATE, THE APPROVAL OF THE REGULATIONS OF THE STATE DATA PROTECTION INSPECTORATE AND THE PARTIAL AMENDMENT OF THE RELATED RESOLUTIONS OF THE GOVERNMENT OF THE REPUBLIC OF LITHUANIA No. 1156 25 September 2001 Vilnius Pursuant to Article 2, paragraph 3

(1)of the Law Amending the Law on Legal Protection of Personal Data (Official Gazette No 64-1924, 2000), Article 25
(1)of the Law on Legal Protection of Personal Data, the Law on the Ratification of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETC No 108) as amended by the Committee of Ministers of the Council of Europe (Official Gazette No 32-1055, 2001) the Government of the Republic of Lithuania has resolved:
  1. To reorganise from 1 October 2001 the State Data Protection Inspectorate under the Ministry of Public Administration Reforms and Local Government Affairs into the Governmental Institution - the State Data Protection Inspectorate.
  2. To substitute the name of “the State Data Protection Inspectorate under the Ministry of Public Administrative Reforms and Local Government Affairs” by the name “the State Data Protection Inspectorate”.
  3. To approve the Regulations of the State Data Protection Inspectorate (attached hereto).
  4. To authorise the State Data Protection Inspectorate to supervise and control the enforcement of the Law on Legal Protection of Personal Data (except for Article 8).
  5. To assign to the State data Protection Inspectorate the responsibility to enforce the provisions of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data as amended by the Committee of Ministers of the Council of Ministers (Official Gazette No 32-1059, 2001).
  6. To supplement Point 2 of the Resolution of the Government No 34 of 13 January 1998 On the Reduction of Staff at Ministries, Governmental Institutions of the Republic of Lithuania and other Public Authorities and Institutions (Official Gazette No 7-137, 1998; No 32-1070, No 51-1785, No 63-2280, No 80-2797, 2001) by the following paragraph: “The State Data Protection Inspectorate – 22”
  7. To amend the Resolution of the Government of the Republic of Lithuania No 79 of 21 January 1998 On the Reduction of Staff at the Institutions under the Ministries (Official Gazette No 9-213, 1998; No 78-2203, 1998, No 14-442, 2001): 7.
  8. to substitute the number “77” by the number “85” in Point 1; 7.
  9. to delete the following paragraphs from Point 2: “The Ministry of Public Administrative Reforms and Local Government Affairs: “The State Data Protection Inspectorate - 8”.
  10. To amend the plan, approved by the Resolution of the Government of the Republic of Lithuania No 1388 of 8 November 2000 on the Dissolution of the Ministry of Public Administration Reforms and Local Government Affairs (Official Gazette No 98-3119, 1996; No 108-3461, 2000) of the transfer of functions, rights and property of the Ministry of Public Administration Reforms and Local Government Affairs to the reorganised Ministry of the Interior and other public authorities; 8.
  11. to delete 8.
  12. (the former 8.3 shall become 8.2.); 8.
  13. in point 9 after the word “bureau” to insert the word “and” and to delete words “and the institution authorised by the Government of the Republic of Lithuania in charge for the supervision of the implementation of the Law of the Republic of Lithuania on Legal Protection of Personal Data (Official Gazette No 63-1479, 1996; No 64-1924, 2000)”.
  14. To amend the Resolution of the Government of the Republic of Lithuania No 1124 of 17 September 1998 On the Approval and Coordination of the Draft Legal Acts Submitted to the Government of the Republic of Lithuania (Official Gazette No 83-2331, 1998, No 35-1193, 2001) and to insert the phrase “the State Data Protection Inspectorate” following the words “Commissions on Tax Disputes” in paragraph 1.2.;
  15. To declare the Resolution of the Government of the Republic of Lithuania No 1085 of 8 September 1998 On the Regulations of the State Data Protection Inspectorate under the Ministry of Public Administration Reforms and Local Government Affairs invalid (Official Gazette No 80-2261, 1998). Prime Minister Algirdas Brazauskas Minister of Justice Vytautas Markevičius APPROVED by the Resolution of the Government of the Republic of Lithuania No 1156 25 September 2001 REGULATIONS OF THE STATE DATA PROTECTION INSPECTORATE I. GENERAL PROVISIONS
  16. The State Data Protection Inspectorate (hereinafter referred to as “the Inspectorate”) shall be a Government institution that performs the functions of data protection supervision assigned to it by the Law on Legal Protection of Personal Data of the Republic of Lithuania (Official Gazette No 63-1479, 1996; No 64-1924, 2000) and by other laws or regulations.
  17. The activities of the Inspectorate shall be governed by the Constitution of the Republic of Lithuania, laws of the Republic of Lithuania, other regulations adopted by the Seimas of the Republic of Lithuania, international agreements of the Republic of Lithuania, Decrees of the President of the Republic of Lithuania, Resolutions of the Government of the Republic of Lithuania, enactments of the Prime Minister as well as the by these Regulations. The Inspectorate, in discharging the functions laid down in the Law on Legal Protection of Personal Data and taking decisions relating to the performance of the functions laid down in this Law, shall be independent: its rights may be restricted only by the law.
  18. The activities of the Inspectorate shall be organised in accordance with the strategic actions plans approved by the Government of the Republic of Lithuania. The plans shall cover principal tasks of the Inspectorate and methods for their implementation. One, three, five and ten-year strategic action plans of the Inspectorate taking into consideration the long-term strategic action plan of the Government of the Republic of Lithuania shall be drafted.
  19. The Inspectorate shall be a budgetary institution.
  20. The Inspectorate shall be a public legal person; it shall have its account at the bank and its seal with its name and the state emblem of the Republic of Lithuania. The address of the office of the Inspectorate is: 27/2 Gedimino pr., 2600 Vilnius. II. OBJECTIVES, TASKS AND FUNCTIONS OF THE INSPECTORATE
  21. Principal objectives of the Inspectorate shall be the following: to develop data protection, to supervise the activities of personal data controllers, to control the legality of the processing of personal data, to fight against the violations of data processing and to ensure the protection of rights of the data subject. The Inspectorate shall seek that the protection of personal data in the Republic of Lithuania meet the requirements of the European Union and shall be adequately ensured in the framework of the information society.
  22. Principal tasks of the Inspectorate shall be the following: to supervise and to control the enforcement of the Law on Legal Protection of Personal Data of the Republic of Lithuania (except for Article 8) and the implementation of the provisions of the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data as amended by the Committee of Ministers of the Council of Ministers (Official Gazette No 32-1059, 2001) (hereinafter referred to as “the Convention”).
  23. The Inspectorate in discharging the assigned tasks and objectives, shall perform the following functions: 8.
  24. it shall examine the applications and complaints of individuals in cases provided by the Law on Legal Protection of Personal Data Protection of the Republic of Lithuania and in the manner set forth in the Law of Public Administration of the Republic of Lithuania (Official Gazette No. 60-1945, 1999); 8.
  25. it shall check the legality of personal data processing and make decisions with regard to the violations of personal data processing; 8.
  26. it shall manage in accordance with the procedure established by the Government of the Republic of Lithuania the public Register of Personal Data Controllers, shall make public its data and shall carry out the supervision of the activities of the registered data controllers related to the processing of personal data; 8.
  27. it shall grant authorisations to data controllers to disclose personal data to data recipients in foreign countries; 8.
  28. it shall draw up and make public annual reports on its activities; 8.
  29. it shall draw up methodological recommendations on the protection of personal data and submit them to data controllers; 8.
  30. it shall provide assistance to the Parties to the Convention and to data subjects residing abroad in accordance with the procedure laid down in laws and regulations of the Republic of Lithuania. 8.
  31. it shall perform other functions defined by laws of the Republic of Lithuania and Resolutions of the Government of the Republic of Lithuania. III. RIGHTS AND OBLIGATIONS OF THE INSPECTORATE
  32. The Inspectorate shall be entitled: 9.
  33. to obtain free of charge all necessary information on the processing of personal data from data controllers, to access personal data that are being processed, and carry out inspections in places of processing of personal data in the cases provided by the Law on Legal protection of Personal Data of the Republic of Lithuania; 9.
  34. to instruct data controllers on personal data processing and protection; 9.
  35. to draw up reports on administrative offences in accordance with the procedure set forth in the Code of Administrative Offences of the Republic of Lithuania; 9.
  36. to exchange information with personal data supervisory authorities in other countries to the extent that is necessary for the discharge of its duties; 9.
  37. to invite experts (consultants) for examination of data processing or protection, as well as for drafting of documents on data protection; 9.
  38. to engage in legal proceedings where international and national law on personal data protection has been violated; 9.
  39. to evaluate rules for personal data processing (Codes); 9.
  40. to carry out a prior check and give an opinion about the intended processing of personal data.
  41. The Inspectorate must: 10.
  42. be impartial in performing its tasks and in making decisions; 10.
  43. justify its instructions to data controllers by laws. II. ORGANISATION OF WORK OF THE INSPECTORATE
  44. The Inspectorate shall be accountable to the Government of the Republic of Lithuania and annually till 1 February shall submit to the Government of the Republic of Lithuania its annual report.
  45. The Inspectorate shall be headed by the Director, who shall be admitted and dismissed from work in accordance with the procedure laid down in the Law of Public Service of the Republic of Lithuania (Official Gazette No 66-2130, 1999). The tenure of the Director of the Inspectorate shall be five
(5)years. The Director of the Inspectorate shall be accountable to the Prime Minister.
  1. The Director of the Inspectorate may be the citizen of the Republic of Lithuania with a master’s (University) or equivalent degree, having experience in the field of data protection activities or legal work and meeting other requirements laid down in the Law on Public Service of the Republic of Lithuania.
  2. The Director of the Inspectorate shall: 14.
  3. represent the Inspectorate or authorise public servants of the Inspectorate to represent the Inspectorate in its relations with third parties in accordance with the procedure laid down in laws of the Republic of Lithuania; 14.
  4. deal with issues within the competence of the Inspectorate and be directly responsible for the implementation of tasks assigned to the Inspectorate; 14.
  5. issue orders and regulations approved by orders and supervise their enforcement; 14.
  6. approve the organisational structure of the Inspectorate and the list of personnel positions not exceeding the funds designated for wages; 14.
  7. define the rules of procedure of the Inspectorate and approve regulations of its subdivisions, job descriptions and other internal documents; 14.
  8. perform functions assigned to it by laws of the Republic of Lithuania and Resolutions of the Government of the Republic of Lithuania.
  9. In the absence of the Director, his deputy shall perform the functions of the Director. The deputy shall be appointed and dismissed from office by the Director of the Inspectorate in accordance with the procedure laid down in the Law on Public Service of the Republic of Lithuania.
  10. Public servants shall be admitted to work at the Inspectorate and shall be dismissed from work, given incentives and punished by disciplinary penalties in accordance to the procedure laid down in the Law on Public Service of the Republic of Lithuania.
  11. The remuneration procedure and conditions for public servants of the Inspectorate shall be defined by the Law on Public Service of the Republic of Lithuania, other laws and regulations.
  12. The obligations, responsibility and rights of public servants of the Inspectorate shall be defined by the laws of the Republic of Lithuania and internal documents. V. THE FUNDING OF THE INSPECTORATE
  13. The Inspectorate shall be funded from the state budget of the Republic of Lithuania.
  14. The budget funds shall be utilised in accordance with the estimates of budget expenses. VI. CONTROL OF THE FINANCIAL ACTIVITIES OF THE INSPECTORATE
  15. Financial activities of the Inspectorate shall be controlled by the State Control Authorities, the Ministry of Finance and other institutions in accordance with the procedure laid down in laws and other regulations. VII. TERMINATION OF ACTIVITIES AND RESTRUCTURING
  16. The Inspectorate may be liquidated, reorganised or restructured in accordance with the procedure laid down in laws of the Republic of the Lithuania.

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