Operational Programme and Personal Data Protection

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Presentation transcript:

Operational Programme and Personal Data Protection František Nonnemann Office for Personal Data Protection Czech Republic

Introduction How to provide control and evaluation of operational programme from personal data protection point of view? Does Czech legislation enable us to control the effectiveness and correctness of particular projects?

Czech Republic situation Operational programme in the Czech Republic are run by the public authorities – Ministry of Labour and Social Affairs, Ministry of Education, Youth and Sports, City of Prague. Supervisor is the Ministry for Regional Development.

Limitation of competences Art. 2 par 3 of the Constitution of the Czech Republic: „State power shall serve all citizens and may be applied only in cases, within limits and by methods defined by law.“

Useful data For the control and evaluation are needed: Microdata (about specific persons) Specific aggregate data (age, gender, education etc., could be derived only from the microdata) Microdata are personal data by term of Czech and European law.

Processing of personal data Basic principle for processing of personal data is existence of legitimate and lawful purpose of processing. Control of the effectiveness and correctness of particular operational programme (and of the use of the financial resources) is definitely legitimate.

Legality of processing In order to be legal the processing of personal data has to be based on: Consent of the data subject Legal obligation to witch the controller is subject Other possibilities… not applicable in this situation Collecting, organizing, disseminating etc. Is the processing too.

Consent… By the Czech DPA is the institute of consent generally problematic in the public sphere . In this case we must think over the issue of the freedom of consent and the possibility to recall the consent too.

How to get the data Required data do exist. Possibilities: Interconnection of existing databases New central database Both could be done only by the public authorities and on the basis of explicit legal mandate.

Absence of legal regulation Lack of the legal regulation on operational programme, their control, evaluation etc. in the Czech Republic No legal rule or act, this area is partially regulated only by the Government Resolution.

Conclusion The legal regulation, genuine authorization in legal act, is necessity. Until then the collecting and transferring of personal data about participants of operational programme is questionable and in violation of the personal data protection principles.

Questions? Questions? Thank you for your attention.