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STATE DATA PROTECTION INSPECTORATE OF THE REPUBLIC OF LITHUANIA 18.09.2006, Vilnius 1 SCHENGEN EVALUATION

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STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius 1

SCHENGEN EVALUATION

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius2

I. Legal Framework

II. Independence, Functions and Powers

III. Organizational Structure

IV. Preventive Activities

V. Rights of Data Subject

VI. Co-operation

VII. Information Technologies

VIII. Awareness

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius3

I. Legal Framework

European Human Rights Convention – ratified in May 1995

Convention ETS No. 108 – ratified in February 2001

Additional Protocol to the Convention ETS No 108 – ratified in December 2003

Schengen Convention – including data protection binding on the basis of the Accession Treaty of the Republic of Lithuania to the EU

Directive 95/46/EC - transposed by the Data Protection Law (thereinafter - DP Law) in 2003

Directive 2002/58/EC – transposed by the Electronic Communications Law in 2004

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius4

I. Legal Framework

Article 22 of the Constitution of the Republic of Lithuania Decision of the Constitutional Court of the Republic of Lithuania in

1999 DP Law Law on Electronic Communications  Law on Police Activities Other laws and legal acts Resolutions of the Government Orders of the Director of the State Data Protection Inspectorate

(thereinafter - SDPI)

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius5

I. Legal Framework

Commentary of DP Law prepared and issued by the initiative of Phare Programme Twinning Project

In order to be recruited to the public service of the Republic of Lithuania, the candidates must know DP Law

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius6

I. Legal Framework

Scope of DP Law

If personal data are processed:

by a data controller who is established and operating on the territory of Lithuania DP Law shall apply

by a natural person and only for meeting his purely personal activity, unrelated to business or profession DP Law shall not be applied

for the purposes of State security, defence, DP Law shall apply as far as other laws do not provide otherwise

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius7

I. Legal Framework

By the resolutions of the Government of the Republic

of Lithuania SDPI is designated:

as the institution responsible for the independent supervision of the legitimacy of the processing of personal data in the N - SIS

as national supervisory body for Customs Information System and Europol

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius8

I. Legal Framework

Processing of personal data in police sector are regulated by:

DP Law

Law on Police Activities

Resolutions of the Government

Orders of the Minister of the Interior

Orders of the Police Commissioner General

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius9

II. Independence, Functions and Powers

Supervisory Authority

SDPI supervises and monitors the implementation of DP Law (with the exception for journalistic purposes)

Controls both the private and the public sector

Does not monitor processing of personal data in courts

Shall be accountable to Government

Provides its annual report to Government till 1st February of each year

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius10

II. Independence, Functions and Powers

Major objectives of SDPI shall be:

supervision of the activities of data controllers when processing personal data

monitoring the legality of processing of personal data

prevention of breaches in data processing

ensuring protection of the rights of the data subject

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius11

II. Independence, Functions and Powers

SDPI

Is independent, its rights may be limited only by law

In its activities SDPI shall be guided by the Constitution, international agreements, DP Law and other legal acts

The activities of SDPI are based on the principles of lawfulness, impartiality, openness and professionalism in the discharge of its functions

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius12

II. Independence, Functions and Powers

State and municipal institutions and agencies, members of Seimas and other officials, political parties, political and public organisations, other legal and natural persons

Shall have no right to exert any kind of political, economic, psychological or social pressure on the employees of SDPI or tamper with them in any other way

Liability - Interference with the activities of SDPI shall render the infringing party liable in accordance with law

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius13

II. Independence, Functions

and Powers

SDPI functions established by DP Law are:

to administer Register of Personal Data Controllers, carry out supervision of the activities of the data controllers

examine personal requests and complaints

check the lawfulness of personal data processing

grant authorizations for data transfers to third countries’

announce annual activity reports

provide assistance to data subjects and data controllers

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius14

II. Independence, Functions and Powers

SDPI functions:

to provide information about data protection legislation to other states

to carry out prior checking

to make recommendations to Seimas, Government, state institutions on drafts of legal acts

to assess the data processing regulations submitted by data controllers

to perform other functions set out in DP Law and other legal acts

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius15

II. Independence, Functions

and Powers

SDPI has a right designated by DP Law to:

obtain all necessary information for discharging supervision functions

obtain access, subject to a prior notice in writing, to the premises of the supervised person, or to the territory where the documents and equipment used for the data processing are kept

take part in the sessions of Seimas, meetings of Government and other state institutions when issues relating to the data protection are being deliberated

make recommendations and give instructions to data controllers (to rectify data, to stop processing of data, etc.)

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius16

II. Independence, Functions and Powers

SDPI rights

summon experts/consultants, form work groups for examination of data processing or data protection, as well as for drafting of documents on data protection and for making decisions on other issues within the competence of SDPI

draw up protocols on administrative offences

exchange information with DPAs in other countries and international organizations

take part in legal proceedings involving violations of international and national law on data protection

exercise other rights provided by law and other legal acts

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius17

II. Independence, Functions and Powers

Decisions of SDPI are to:

give instruction to data controller

make recommendation to data controller

draw up protocols on administrative offences

Both data controller and data subject may appeal the decision of SDPI to the administrative court of Vilnius region within 1 month from the day of receipt of the decision

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius18

II. Independence, Functions and Powers

Enforcement

Drawn up protocols are submitted to the court

The fines for the violations are imposed by the court from 30 EUR (100 Lt) to 571 EUR (2000 Lt)

If any person has sustained damage as a result of unlawful processing of personal data or any other acts or omissions by the data controller, the data processor or any other persons shall be entitled to claim compensation for pecuniary and non-pecuniary damage

The extent of damage shall be determined by the court

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius19

II. Independence, Functions and Powers

Enforcement

According to the Penal Code:

unlawful collection of information about private life of individual is punished by public works or fine, or confinement, or arrest, or imprisonment up to two years. The penalty is also for the legal entity

the disclosure and use of such information is punished by public works or fine, or confinement, or arrest, or imprisonment up to three years. The penalty is also for the legal entity

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius20

II. Independence, Functions and Powers

Director of SDPI:

leads SDPI

shall be admitted and dismissed from work in accordance with the procedure laid down in Law on Public Service

shall be recruited by competition

shall be accountable to the Prime Minister

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius21

II. Independence, Functions and Powers

Director of SDPI according to the Regulations of SDPI shall:

represent SDPI

deal with issues within the competence of SDPI, by issuing orders and supervise enforcement of the orders

determine and manage organisational structure of SDPI, approve regulations of SDPI‘s divisions

perform other functions assigned to SDPI by the laws and other legal acts of the Republic of Lithuania

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius22

II. Independence, Functions and Powers

Temporary substitution

In the absence of Director, one of his deputies shall perform the functions of Director

Deputies shall be appointed and dismissed from the office by Director of SDPI in accordance with the procedure laid down in the Law on Public Service

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius23

III. Organizational Structure

The structure of the SDPI Director

Deputy Director Deputy Director

Chief Assistant

Complaints Investigation and International

Cooperation Division

Information and Technologies Division Law Division Prevention Division

Finance, Accounting and Corporate Matters

Division

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius24

III. Organizational Structure

Human Resources, Staff:

• head of the office and 31 civil servants recruited according to the requirements of the Law on Public Service

• 3 persons recruited on contract • divisions built on competencies and functions• functions and responsibilities of the civil servants made in

writing• all civil servants have university education Master’s degree,

head of the office has Ph.D. degree at Vilnius University• yearly every civil servant has training• Phare Programme Twinning Project on strengthening

administrative capacity has been carried out

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius25

III. Organizational Structure

Law Division – Head of Division and 4 Chief Specialists

Main responsibilities of the Division:

• provision of the consultations to data subjects and data controllers

• drafting of legal acts and harmonization of drafts of legal acts

• provision of recommendations to Seimas, Government, other institutions of laws or other legal acts within competence of SDPI]

• according assessment of the personal data processing regulations submitted by data controllers

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius26

III. Organizational Structure

Law Division, loading of the staff (statistical data from January – till 1 September 2006):

• harmonised 88 legal acts and documents of data controllers

• prepared 2 legal acts

• provided 1575 consultations to data subjects and data controllers

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius27

III. Organizational Structure

Prevention Division – Head of the Division and 5 Chief Specialists, 1 Senior Specialist

Main responsibilities of the Division:

• prevention of breaches in data processing

• administration of Register of Personal Data Controllers

• prior checking of data controllers

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius28

III. Organizational Structure

Prevention Division, loading of the staff (statistical data from January – till 1 September 2006):

• carried out 42 planned inspections, provided 29 instructions

• analysed 277 notifications on prior checking, granted 240 authorisations for data controllers

• examined 561 notifications of the processing of personal data

• Register of Personal Data Controllers supplemented by 186 data controllers

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius29

III. Organizational Structure

Complaints Investigation and International Cooperation Division – Head of Division and 5 Chief Specialists

Main responsibilities of Division:

• investigation of personal requests and complaints• investigation of the requests of data controllers to disclose personal

data to data recipients in third countries• provision of the assistance to data subjects residing abroad• provision of the information to other states about the legislation of

the Republic of Lithuania regulating protection of personal data• cooperation with data protection authorities from other countries and

participation data protection activity in an international context

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius30

III. Organizational Structure

Complaints Investigation and International Cooperation Division, loading of the staff (statistical data from January – till 1 September 2006):

• received 102 complaints, handled 84 complaints, drawn up 8 protocols on administrative offence, submitted 15 instructions to data controllers

• prepared 40 enquires and responses to the countries of the Convention ETS No 108

• prepared opinions on 46 documents  issued by EC institutions

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius31

III. Organizational Structure

Information and Technologies Division – Head of Division, 5 Chief Specialists and Interpreter

Main responsibilities of Division:

• dealing as IT experts carrying out inspections of SDPI• coordinating of the technical expertise from outside• help to other civil servants of SDPI in creation legal documents and

evaluation IT systems regulations• collection of information about activity of SDPI and provision of it for

public• drawing up and announcement of the Annual Report on SDPI activity

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius32

III. Organizational Structure

Finance, Accounting and Corporate Matters Division – Head of Division and 2 Chief Specialists, 1 Senior Specialist, 1 Administrator

Main responsibilities of Division:

• administration of SDPI human resources• planning of the resources• accounting• procurement

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius33

III. Organizational Structure

Financial Resources

• SDPI is financed 100% from the National Budget of Lithuania• Allocation of the financial resources to SDPI made by the Law on the

Budget Structure by the individual line in the same way as for Seimas and other state institutions (Office of the President, State Audit Office, ministries and other)

• Law on the Budget Structure is considered by Seimas each year and any changes might be made only by Seimas in the same way as other laws

• Request for financial resources calculated according to the programs and functions of SDPI should be presented to Seimas following the order settled in the Strategic Planning Methodology approved by Government

• If additional means are needed the allocations might be changed after first six month of the year according to SDPI request

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius34

III. Organizational Structure

Financial Resources

Structure of SDPI budget:

• means for remuneration

• means for purchasing of property (tangible and intangible assets)

• means for purchasing of goods and services

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius35

III. Organizational Structure

IT Resources

IT resources of SDPI:

• personal computers

• standard software

• information systems:

- Register of Personal Data Controllers

- “Pagalba” – for help of data subjects

- other information systems for help of civil servants of SDPI

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius36

IV. Preventive Activities

Preventive inspections are planned and carried out

• in order to prevent violations of the privacy protection and personal data processing

• in accordance with procedures which have been determined by the legal acts

• according to approved yearly plan

• by the correspondence, on-site or in the mixed way

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius37

IV. Preventive Activities

Preventive inspections

carried out by assigned responsible SDPI specialist

information about previous inspections of data controller and all other necessary information is gathered

date and time of inspection is announced to the data controller

meeting with data controller, interviewing individuals involved in data processing, collecting related to the inspection information from data controller

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius38

IV. Preventive Activities

Preventive inspections

preparation of inspection report

depending on findings of the inspection may be taken following decisions:

- finish inspection

- prepare recommendation or

- prepare obligatory instruction

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius39

IV. Preventive Activities

Preventive inspections

data controller shall be informed about the inspection results

follow up of the obligatory instructions

if obligatory instructions are not obeyed protocol on administrative offences may be drawn up

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius40

IV. Preventive Activities

Prior Checking shall be carried out in the following cases:

where the data controller intends to process special categories of personal data by automated means (except cases provided by DP Law)

where the data controller intends to process by automated means public data files

where the data controller of the information systems of state registers or state and municipal institutions authorises the data processor to process personal data

other cases provided by DP Law

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius41

IV. Preventive Activities

Prior Checking

Procedures of prior checking are determined by the legal acts

Notification forms are published on SDPI web page www.ada.lt/images/cms/File/Teises%20aktai/6.pdf

Information about granted or refusal to grant authorisations is published in SDPI web page www.ada.lt/leidimai

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius42

IV. Preventive Activities

Dinamics of Prior Checkings and Preventive Inspections

136

356277234

365

63

18

42

0

100

200

300

400

500

600

2003 (from 1 July) 2004 2005 2006 (till 1 September)

Prior checkings Preventive inspections

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius43

IV. Preventive Activities

Registration of data controllers

personal data by automated means may be processed only after notification to SDPI

procedures of notification are determined by the legal acts

notification form is published on SDPI web page www.ada.lt/images/cms/File/Teises%20aktai/4.pdf

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius44

IV. Preventive Activities

Number of registered data controllers

1269

1694

21072349 2440

2588

0

500

1000

1500

2000

2500

3000

2001 2002 2003 2004 2005 2006 (till 1September)

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius45

V. Rights of Data Subject

Right to be Informed

Data controller must provide to data subject the

following information:

• the identity of data controller and his representative

• the purposes of the processing

• any other additional information

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius46

V. Rights of Data Subject

Right of Access

• Data subject shall be entitled to obtain information on the source and type of personal data, the purposes and recipients

• Data controller must make a reply within 30 calendar days, on request such information must be provided to the data subject in writing

• Once a calendar year the information is provided to the data

subject free of charge

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius47

V. Rights of Data Subject

Right to Rectify

• Data controller must check the personal data without delay

• Data subject’s request to rectify or destroy the personal data

• Data controller must notify data subject on performed or not performed rectification, destruction

• Data controller must inform data recipients about rectified or destroyed personal data

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius48

V. Rights of Data Subject

Right to Object

• Data subject shall have the right to object (in writing, orally or in any other form)

• Data controller must:a) immediately and free of charge restrict processing of personal datab) duly notify the data recipients

• Data controller must notify the data subject about the cessation of the processing of personal data at the request of the data subject

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius49

V. Rights of Data Subject

Exceptions

In cases provided by laws and when it is necessary to ensure:

state security or defense public order, prevention, investigation, detection and

prosecution of criminal offences important economic or financial interests of the state prevention, investigation and detection of breaches of official or

professional ethics protection of the rights and freedoms of the data subject or any

other persons

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius50

V. Rights of Data Subject

Exercise of Rights

• Data controller must give a reasoned refusal to grant request of data subject to exercise the rights granted by DP Law

• Data controller must send a reply to data subject within 30 calendar days of the date of the data subject’s application

• Data subject may appeal act/omissions of data controller to SDPI:

1) within 3 months of the receipt of the reply from data controller or 2) within 3 months of the date when 30 calendar days for giving a

reply expire

SDPI decisions can be appealed to court

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius51

V. Rights of Data Subject

According to Article 23 of DP Law SDPI shall assist the data subject in exercising his right of access to his personal data after he applies to SDPI and produces his identity document

Personal data or information are collected only from registered data controllers (except classified information under Law on State and Official Secrets)

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius52

V. Rights of Data Subject

Exercise of Rights

Every individual, either personally or through his representative, can lodge a complaint when he feels that his privacy rights are being breached

Complaints may be lodged by local citizens and by foreign individuals whose data are being processed in Lithuania

Complaints are usually lodged in Lithuanian, Russian or in English but other languages may be considered

No fees are charged for the complaint

A recommendable complaint form is available on the website (www.ada.lt) or at SDPI in Lithuanian and English languages

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius53

V. Rights of Data Subject

Procedure of Complaint Investigation

Procedure of complaints investigation is regulated by Law on Public Administration and approved written Rules for Performing of Inspections

Grounds for starting an administrative procedure are:

           - written application by individual        - facts disclosed in the in-service report of the civil servant           - information presented in the media   - other cases of infringement

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius54

V. Rights of Data Subject

Investigation Procedure

• Notification of applicant about the acceptance of complaint

• Examination of relevant legal basis and previous inspections

• If necessary requesting additional information from applicant

• Sending written inquiry to data controller

• Or performing on-site inspection

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius55

V. Rights of Data Subject

What happens following the inspection:

• formalization results of on-site inspection in the report

• depending on findings of the inspection decisions can be:

- to give instruction to data controller - to make recommendation to data controller - to draw up protocol on administrative offences

Applicant is informed on the results of the investigation

Inspected person is informed in writing on the results of the inspection when there are no violations established

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius56

V. Rights of Data Subject

• Data controller and data subject may appeal the decision of SDPI to the administrative court of Vilnius region within 1 month from the day of receipt of the decision

Investigation of a complaint may not last longer than 30 days, in special cases the consent of applicant is requested for extension of investigation term

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius57

V. Rights of Data Subject

0

20

40

60

80

100

120

Qua

ntity

in n

umbe

rs

2003 2004 2005 till September 1, 2006

Investigation of Personal Complaints

Received Complaints Draw n up Protocols on Administrative Offences

The court acknow ledged the breaches of the Law Given Instructions to Data Controllers

The breaches excluded during the time of investigation The breaches did not found

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius58

V. Rights of Data Subject

Nature of Complaints till September 1, 2006

17%

3%

8%

13%

10%2%

47%

Due to direct marketing Due to debtors'dataDue to sensitive data Due to excessive dataDue to processing of data in service sector Due to keeping of dataOther cases

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius59

V. Rights of Data Subject

0

10

20

30

40

50

Qua

ntity

in n

umbe

rs

2003 2004 2005 till September 1, 2006

Dynamics of the Nature of Complaints

Due to direct marketing Due to debtors'dataDue to sensitive data Due to excessive dataDue to processing of data in service sector Due to keeping of dataOther cases

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius60

VI. Co-operation

International co-operation

SDPI takes part in:

Article 29 Working Party and its subgroups European Council Working Party on Data Protection Convention ETS No 108 Consultative Committee and Bureau Europol, Schengen and Customs JSAs International Working Party on Data Protection in

Telecommunications other international conferences, workshops, meetings cooperation with EU data protection authorities

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius61

VI. Co-operation

Schengen National Coordination Commission was set up withparticipants from:

Ministry of the Interior Ministry of Foreign Affairs Ministry of Transport and Communications Ministry of Finance Office of the Government Migration Department Customs Department Police Department Representative from SDPI is member of this Commission

Regular meetings of this Commission are organised and heldamongst all participants

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius62

VI. Co-operation

Harmonization with Police:

the position of the Republic of Lithuania concerning EU legal instruments

national legal acts regulating processing of personal data in institutional registers, information systems, or in the cases provided for by law – in state registers in police sector

participation of SDPI specialists in the Phare project on SIS in Police Department

Preparation of materials concerning Schengen by Phare Twinning project

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius63

VI. Co-operation

Events

In order to check how personal data are processed during the process of issuing visas, in cooperation with Ministry of Foreign Affairs (MFA), SDPI carried out visits to 2 consulates of the Republic of Lithuania in June 2006:

Consulate General of the Republic of Lithuania in Kaliningrad (Russian Federation)

Embassy of the Republic of Lithuania to Ukraine

Report of visits with conclusions and recommendations was submitted to MFA

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius64

VI. Co-operation

Events

SDPI specialists made visits to Migration Department under the Ministry of the Interior in order to check functioning of Register of Foreigners, got acquainted with the documentation of preparatory works for N-SIS, N-VIS

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius65

VI. Co-operation

Events

In June 2006 SDPI organized seminar for law enforcement institutions, including national SIRENE unit, representatives from Ministry of Foreign Affairs, Ministry of the Interior on data protection requirements according to Schengen Convention

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius66

VI. Co-operation

Events

In October 2004 SDPI together with Europol JSB organized seminar for law enforcement institutions

“The Supervision of Data Processing according Europol Convention” in Vilnius

Seminar was attended by representatives from:• Ministry of the Interior• Police Department• State Security Department• Customs Department• Financial Crime Investigation Service• Prosecutor’s Office• Parliamentary Committee of National Security and Defense

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius67

VII. Information Technologies

IT system functionality:

• dissemination information to the public• effective communications within the office• access to most current legislation • provide good quality internet services• ensure functioning of Register of Personal Data Controllers • ensure proper feedback with data controllers and data

subjects• office automation

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

18.09.2006, Vilnius68

VII. Information Technologies

IT system content:

• Register of Personal Data Controllers• website http://www.ada.lt/• office automation system• Intranet system• legislation data base system (updates once per 24 h.)• Internet services with connection 2 Mbps• “Pagalba” – IT system help for data subject will be ready for

using in the end of 2006

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

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VII. Information Technologies

“Pagalba” – help for data subject to exercise his/her

right to become acquainted with processing of

his/her personal data:

• IT system implemented in web technology • possibility of online requests from data subjects• secure connection of data controllers for providing requested

information• answers to data subjects can be sent by e. mail or given

directly (providing password for online connection)

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VII. Information Technologies

Scope of IT expertise:

• to deal as IT experts carrying out planned inspections or for complaints investigations

• coordinate the technical expertise from outside when dealing with complicated cases

• help Law Division in creation legal documents and evaluation IT systems regulations

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VII. Information Technologies

Preparation to Schengen:

• investigations of existing national Visa IT system on sites (central office in the Ministry of Foreign Affairs, consular departments in Kaliningrad and Kiev)

• studies of Schengen (N-SIS) and Visa national IT systems (N-VIS) project documentation and meetings with project leaders

• studies of designed changes for existing IT systems communicated with N-SIS and SIS II

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VIII. Awareness

Measures

• Website www.ada.lt

• Press releases, press conferences:- 15 press releases (2005)- 1 press conference (2005)- 29 comments for press (2005)

• Participating on TV and radio broadcasting (9 in 2005)

• Conferences, seminars, meetings

• Leaflets (12), recommendations (15 in 2005)

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

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VIII. Awareness

Measures

• Data protection day once a year

• Survey on the awareness of the data subjects about personal data protection and quality of activities of SDPI

• Training for government institutions (material prepared during Phare Programme Twinning Project)

• Film “Right to know”

• Poster in public places (one time action)

• Schoolchildren competition in writing essay about personal data protection (one time action, 2004)

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LITHUANIA

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VIII. Awareness

Website:

• main communication tool• information for public:

- legal acts- recommendations, complaint and registration forms - useful information about data protection - most important events (news)- annual reports of activities

• consultations, newsletter• full information in Lithuanian, part in English• updated and managed on regular basis

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

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VIII. Awareness

Conferences, seminars, meetings:

• seminars for public and private entities, including:- schools - municipalities- health sector - judges - law enforcement institutions

• meetings with data controllers, processors (public, private sectors) and data subjects

• International conference “E-commerce and Data Protection” in Vilnius in 2005

STATE DATA PROTECTIONINSPECTORATE OF THE REPUBLIC OF

LITHUANIA

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VIII. Awareness

Future activities:

• selection of the professional partner in the advertising/public relations• creation long-term strategy for public awareness• organization of public awareness campaigns• creation of logo• improvement of online communications• increasing of human resources

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Awareness Survey carried out in July, 2006 by market and opinion research

center ,,Vilmorus’’. Over 1000 inhabitants beyond 18 years of age participated in the poll

Interest of data protection43 % take interest how personal data are processed and stored37 % care about what personal data are processed 25 % care who processes personal data

Awereness of personal data security80 % insufficiently informed19 % informed on an average1 % well informed

Awareness of person’s rights in this field74 % have no knowledge of person’s rights regulated by laws23 % know, but never exercised them3 % know and exercised

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Awareness

Awareness of Inspectorate activities26 % know that it is responsible for personal data protection74 % do not know

Sources of information54 % from TV46 % from press23 % from other persons15 % from legal acts15 % from the radio broadcasting13 % from Internet

Evaluation of Inspectorate activities71 % satisfactory16 % good13 % poor

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Thank You

for attention!