Personal data protection is one of the human rights – the right to inviolability of one’s private life. Under the conditions of democratic society it is important to strike the balance between public and private interests, the right of the person to receive and disseminate information and the right that his private and family life would be respected. The State Data Protection Inspectorate (thereinafter – the Inspectorate) is one of the authorities helping to implement this right.
The Inspectorate is responsible for the supervision and control of enforcement of the Republic of Lithuania law on Legal Protection of Personal Data (hereinafter referred to as LPPDL), except its article 8, also for the Republic of Lithuania law on Electronic Communications (hereinafter referred to as ECL) section IX “Personal data processing and privacy security” implementation of provisions of articles (except provisions of articles 63 (5), 65(4) and 70(7)). The Government of the Republic of Lithuania by Resolution No. 1593 of 06/12/2004 “On granting authorization for implementation of the law on Electronic Communications of the Republic of Lithuania’’ by article 4 entitled the Inspectorate to perform control ensuring the inviolability of electronic communications users’ private life according to the procedures established by the Government of the Republic of Lithuania. The Government by Resolution No.807 of 20/07/2005 approved the Rules for Inspections on Communication Secrecy, which specify the procedure of inspections carried out by Inspectorate establishing whether the requirements of ECL article 63(1) to ensure communications secrecy are complied with and also the procedure for formalizing such inspections results.
By Resolution of the Government No. 816 of 28/06/2004 “On designation of responsible institutions authorized for implementing the law of the Republic of Lithuania regarding the Convention drawn up under the Treaty article K.3 of the European Union, On
setting up European Police Bureau (Europol Convention) ant ratification of its protocols” (Žinios, No.103-3791, 2004), the Inspectorate was designated as national supervisory institution, the purpose of which – to independently monitor the admissibility of transfer, search and provision of personal data of the Republic of Lithuania to Europol and examine whether this does not violate data subject rights.
According to Resolution No.895 of 15/07/2004 of the Government “Regarding the Convention on the use of information technologies for the customs purposes, drawn up under the Treaty article K.3 of the European Union, its protocols and agreement on provisional Convention application implementation in the Republic of Lithuania” the Inspectorate has been designated responsible for independent supervision of personal data transferred to the Customs Information System, ensuring that the processing and use of personal data stored in Customs Information System would not infringe on the rights of the persons concerned.
The scope of Inspectorate activities is determined also by the enhanced public awareness, due to public and state institutions concern for the breaches of processing of personal data.
The field of personal data protection is relatively new in Lithuania, therefore the lack of knowledge is obvious as to the said area. The Inspectorate aspiring to improve data protection level, prepares recommendations to data controllers and data subjects, carries out trainings, provides consultations, press-releases to the media regarding activity performed by it. Informing the public on regular bases about the Authority’s activity, about established personal data processing irregularities especially in state institutions, encourages people to take interest in personal data protection and apply to Inspectorate and defend their rights as data subjects. It should be noted, that data subjects relatively seldom refer to data controller in order to solve the problems of data processing together, and data controllers, in discharge of their functions and processing the personal data often underestimate the importance of the right to inviolability of private life.
With the rapid expansion of information technologies a problem is faced how to facilitate their implementation and establish secure legal environment in which human right to privacy would be defended as well as his aspiration not to sustain damage as a result of unduly processing of personal data. The initiatives of electronic businesses, the forms of electronic government, undergoing processes of modernizing the traditional businesses, the application of advanced technologies in the spheres of activity of traditional economy determine constant increase in public and private subjects deploying information technologies in their activities. More and more people tend to use services offered by electronic environment. These reasons give rise to automatically processed personal data, accordingly causing threats to person’s private life and consequently extending the scope of Inspectorate activities.
The major objectives of the Inspectorate activity are to develop data protection, to supervise data controllers’ activity in processing of personal data, to control the lawfulness of processing of personal data, to fight against the irregularities of data processing and ensure protection of data subject rights. The Inspectorate aspires that personal data protection in the Republic of Lithuania is compatible with the requirements of the European Union and is properly ensured in information society environment.
|Last Update: 2013-02-01 15:12:17|