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LAW OF THE REPUBLIC OF MOLDOVA

of July 10, 2008 No. 182-XVI

About approval of the Regulations on the National center for personal data protection, structures, extreme number and procedure for financing of the National center for personal data protection

(as amended on 11-11-2021)

Art. 1. - (To Approve 1):

a) Regulations on the National center for personal data protection according to appendix 1;

b) structure of the National center for personal data protection according to appendix 2;

c) the extreme number of the National center for personal data protection in number of 45 units, from which personnel of maintenance - 1 unit.  

(2) According to the reasonable proposal of the director of the National center for personal data protection the structure and extreme number of the Center change the resolution of Parliament.

Art. 2. - (1) the National center for personal data protection is financed from the government budget within the budgetary appropriations approved by the annual budget law.

(2) the Budget of the National center for personal data protection is developed, affirms and administered according to the principles, rules and procedures provided by the Law on public finance and budget and tax responsibility No. 181/2014.

Art. 3. - To the government since January 1, 2009:

a) open financing of the National center for personal data protection;

b) provide the National center for personal data protection by rooms;

c) provide transfer to the National center for personal data protection of all materials concerning personal data protection.

Art. 4. - This law becomes effective from the date of acceptance.

 

Vice-chairman of Parliament

Maria Postoyko

Appendix №1

Regulations on the National center for personal data protection

I. General provisions

1. The national center for personal data protection (further - the Center) is independent body of the public power, the impartial and independent of other bodies of the public power, physical persons and legal entities, performing powers conferred to it by the Marine life protection act of personal data.

2. The center is designed to protect the rights and fundamental freedoms of physical persons, in particular the right to private life, in connection with processing and cross-border transfer of personal data.

3. In the activities the Center is guided by the Constitution of the Republic of Moldova, the Convention on protection of the personality in connection with hands-off processing of personal data, the Additional protocol to the Convention, other international agreements which one their parties the Republic of Moldova, the Marine life protection act of personal data, this Provision, and also other regulations is.

4. The permanent location of the Center is the municipium of Chisinau.

II. Organization and functioning of the Center

1. The center is headed by the director appointed to position according to the Marine life protection act of personal data.

2. The director of the Center in pursuance of job responsibilities issues orders, decisions and orders.

3. Belongs to duties of the director of the Center:

a) organization and coordination of activities of the Center;

and-1) will organize and implements system of internal managerial supervision and bears managerial responsibility for administration of budgetary appropriations and the public property which is in management;

b) control of application of the legislation on personal data processing;

c) ensuring informing controllers, processors and subjects of personal data on their rights and obligations in case of personal data processing;

d) signing of decisions on suspension or the termination of the personal data processing performed with violation of provisions of the legislation in the field of personal data protection;

e) ascertaining of offenses and creation of protocols according to regulations of the Code of the Republic of Moldova on offenses;

e-1) informing law enforcement agencies in case of the availability of essential elements of offense connected with violation of the rights of subjects of personal data;

e-2) giving necessary instructions for reduction of personal data processing in compliance with legislation provisions in the field of personal data protection;

e-3) the publication of orders in the field of personal data protection, the edition of standard forms of notifications, and also own registers;

f) signing of financial, bank documents, reports of the Center and execution of the personal liability for its financial and economic activities;

g) approval of regulations of the Center;

h) position assignment, change, suspension and the termination according to the law of the office relations with government employees, employment for work, change, suspension and the termination of employment relationships with the personnel of the Center working at contractual basis;

i) approval of job descriptions of employees and employees of the Center;

j) approval of the state, establishment, according to provisions of the current legislation, official pay rates to employees and employees of the Center, the solution of questions of establishment by it of allowances and awarding;

k) provision of leaves by the employee and to employees of the Center;

l) purpose of authority punishments by the employee and to employees of the Center;

m) the solution of questions of advanced training of employees of the Center, the direction them on training and in business trips;

n) ensuring cooperation with bodies of the central and local public authority, with mass media, public associations, and also with the similar foreign organizations.

4. Annually till March 15 the Center represents to Parliament, the President of the Republic of Moldova and the Government the activities report for the expired year which is free of charge published in the Official monitor of the Republic of Moldova and on the web page of the Center.

5. The director of the Center with its activities is helped by the deputy director appointed to position according to the Marine life protection act of personal data.

6. Belongs to duties of the deputy director of the Center:

a) fulfillment of duties of the director in its temporary absence;

b) coordination of activities of divisions of the Center, according to the order of the director;

c) making the conclusions on the documents constituted by divisions which activities it coordinates;

d) coordination of work on preparation of the annual statement about activities of the Center, project development of the annual budget of the Center, instructions of normative nature, and also other works, for the order of the director of the Center;

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