Polona Tepina, legal adviser Information Commissioner of Slovenia Beograd, April INDEPENDENCE OF THE INFORMATION COMMISSIONER OF SLOVENIA AND ITS RELATION TO THE PARLIAMENT

brief introduction - competencies similar to Serbian „ Commissioner for Information of Public Importance and Personal Data Protection” Two constitutional, human rights -ACCESS TO PUBLIC DOCUMENTS -PERSONAL DATA PROTECTION History -COMMISSIONER FOR ACCESS TO PUBLIC DOCUMENTS -DATA PROTECTION INSPECTORATE INFORMATION COMMISSIONER EU DIRECTIVE INDEPENDENT UNDER MINISTRY OF JUSTICE

internationally guarateed independence Directive 95/46 on protection of personal data and free movement of such data -> demanded independent body! GERMANY (Court of Justice of the EU, C ‑ 518/07) independent bodies must be able to act: –completely free from any external influence - direct or indirect; from above (e.g. politics) or from below (e.g. public) –objectively and impartially, without taking any instructions or pressure independence does not mean absolutely no parliamentary influence! –appointment or dismissal by the parliament or the government –the legislator defines the powers / competencies –obligation to report the activities to the parliament HUNGARY (Commission, infringement proceedings) the term of the Commissioner was ended prematurely possibility that the prime minister and the president dismiss the new Commissioner on arbitrary grounds

legal framework Information Commissioner Act establishment, functioning and position of the Commissioner autonomous and independent state body regulates: –competencies –funds –appointment and dismissal –staff –annual reports –… Personal Data Protection Act, Access to Public Information Act, Constitutional Court Act,…

statutory mechanisms for cooperation with the parliament -appointment / dismissal -confirming funds for operation -annual reports -consultation on draft laws and regulations -constitutional review of laws, regulations and general acts, adopted to perform public powers -control over the Parliament in areas of Commissioner’s competence -access to documents -protection of personal data

appointment and dismissal APPOINTMENT Parliament upon proposal of the President 5 year's term, 1 reappointment state official conditions – set by law DISMISSAL Parliament upon proposal of the President early dismissal – only for reasons provided by the Law INCOMPATIBILITY not holding office in political parties, state bodies, local self-government bodies and trade unions not functions incompatible with the holding of a public office STAFF (knowledge authonomy) expert and administrative-technical staff selecting own staff, Deputies, Secretary General establishing own organizational structure

funds for operation are provided from the State budget determined by the Parliament on proposal of the Information Commissioner the role of the Government (Ministry of Finance) financial independence annual reports send annual report to the Parliament – at latest until the end of May publishes the report on the web site presented by the Commissioner or her Deputies to the Parliamentary Committee (e.g. for justice, public administration and local self-government) + debate

CONSULTATION on draft laws and regulations - Commissioner not engaged in intersectoral consultation (between Governmental bodies) – however may give his opinion - Parliament may: - ask the Commissioner for opinion - invite the Commissioner for a consultation CONSTITUTIONAL REVIEW of laws, regulations and general acts, adopted to perform public powers –only if a question of constitutionality or legality arises in the concrete case handled by the Commissioner –very important function, with which the Commissioner may actually perform a substantive control over the legislator –Ministry of Justice proposed removing this competence (fortunately decided not to) opinions, consultation, contitutional review

public trust in information commissioner

Thank you for your attention!