Acasă Legislation DATA PROTECTION IN MAY 2023

DATA PROTECTION IN MAY 2023

30 May 2023

DATA PROTECTION IN MAY 2023

By De Mugurel Olariu, RPD protectie date

Among the activities dedicated to data protection at the European and national level that are carried out at the level of the European institutions – EDPB/European Committee for Data Protection and EDPS/European Data Protection Authority and national – ANSPDCP/National Supervisory Authority for the Processing of Personal Data, we present next:

Europe Day*1

Every year at the beginning of May we celebrate peace and unity in Europe with Europe Day to commemorate the signing of the ‘Schuman Declaration’. This year, on Saturday 6 May, the EU institutions held a wide range of online and on-site activities in EU Member States, as well as at the EU institutions’ headquarters in Brussels, Luxembourg and Strasbourg.
● The EDPB and the EDPS were present with a joint stand, in the Safe Europe Village, at the headquarters of the European Commission in Brussels – the Berlaymont building – between 10:00 and 18:00.

The race to become the new EDPB chair has officially started*2
During the EDPS plenary meeting on 26 April 2023, EDPS members who intend to run to become the new EDPS President presented their candidacy to the Committee. In accordance with the GDPR, the Committee elects a chair and two vice-chairs from among its members, by simple majority, for a term of five years, renewable once. The President is the official representative of the Committee.
The term of office of Chair Andrea Jelinek and deputy chair Ventsislav Karadjov will end on 25 May 2023. Candidates for both posts had the chance to present themselves to the other members of the Committee one month before the elections. The position of deputy chair Aleid Wolfsen is not open for re-election as he was elected on 15 May 2019 and his term will therefore end on 15 May 2024.

The following heads of national data protection authorities (DPAs) have expressed their interest in becoming the next EDPB Chair:
✔ Ventsislav Karadjov (Bulgarian DPA).
✔ Anu Talus (Finnish DPA).
✔ Aleid Wolfsen (Dutch DPA).
The following DPA heads have expressed their interest in becoming EDPB deputy chair:
➢ Irene Loizidou Nikolaidou (Cypriot DPA).
➢ Jekaterina Macuka (Latvian DPA).
➢ Zdravko Vukić (Croatian DPA).

The elections will take place during the EDPB plenary meeting on May 25, 2023, by secret ballot. According to Article 5 – Appointment and term of office of the Chair and deputy chairs, para. 4 and 5 of the Rules of Procedure of the EDPB, it is stated:
4. Candidates shall be submitted to the secretariat and to the Chair in writing at least 1 month before the election. The secretariat shall circulate the list of candidates to the members no later than three weeks before the election.
5. If only one candidate is presented for the position of the Chair or of the deputy chair, the candidate shall be elected provided that they receive the support of the simple majority. Should the candidate not receive that support in the first round, or in cases where there is more than one candidate and there is no majority for one candidate, the vote should be repeated. If there is no simple majority supporting the only or any candidate in the second round, a new invitation for candidates shall be opened without delay.

At the national level, ANSPDCP has presented on its website*3, a situation regarding Jurisprudential Developments, among which we mention:
In 2022, 42 new requests for summons were received, of which 22 requests have as their object the challenge of the minutes of sanctions concluded by the ANSPDCP.
Among the disputes through which the sanctions/measures applied were disputed, until March 31, 2023, 23 files were finalized, and in 18 of these cases, definitive solutions were pronounced in favor of the ANSPDCP.
Thus, the courts have fully confirmed the fines applied by the institution to the following 11 controllers:
● Banca Transilvania SA (100,000 euro)
● I want Credit SRL (20,000 euro)
● Proleasing Motors SRL (15,000 euro)
● Hora Credit IFN SA (14,000 euro)
● Dada Creation SRL (5,000 euro)
● Actamedica SRL (3,000 euro)
● Dante International (3,000 euro)
● Royal President SRL (2,500 euro)
● CN Posta Română (2,000 euro)
● Nobiotic Pharma SRL (2,000 euro)
● CN Posta Română (1,000 euro)
At the same time, 5 disputes were settled in favor of the National Supervisory Authority, by maintaining the minutes of ascertainment/sanctioning in the sense of retaining the contraventional nature of the facts, with the reduction of the amount of the fine or its replacement with a warning, as regards the controllers: SC Entirely Shipping & Trading SRL (decrease), World Trade Center Bucharest SA, Legal Company & Tax Hub SRL, Raiffeisen Bank (decrease), A-Car Vaslui Road Assistance Association.
5 contravention complaints filed by the following controllers were admitted: ING Bank N.V. AMSTERDAM, CN Tarom, Tip Top Food Industry SRL, Artmark Holding, Viva Credit IFN SA.
In this context, we mention that decisions issued by the institution ordering the termination of processing and the deletion of personal data were challenged in court, among which we highlight the disputes with UAT Cluj (Local Police) and UAT Constanța (Local Police), which had object is the illegal use of portable audio-video surveillance by the local police (body camera).