Information law. Legal status of the authorized person (most important)

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Information law. Legal status of the authorized person (most important)

Lecture notes, cheat sheets

Directory / Lecture notes, cheat sheets

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59. LEGAL STATUS OF THE AUTHORIZED

The authorized person has the right:

▪ freely gain access to personal data arrays;

▪ request and receive from the holder (possessor) of the personal data array any necessary information, documents and materials;

▪ conduct independently or jointly with competent authorities and officials an inspection of the activities of holders (possessors) of personal data arrays, regarding which the authorized person has information about violations of the rights of the subject;

▪ make proposals to revoke the license to work with personal data;

▪ remove or establish a confidentiality regime for personal data;

▪ block personal data. The authorized person is obliged:

▪ notify the applicant of the results of consideration of his application;

▪ accept and send to the holder (possessor) of the personal data array, in whose actions he sees a violation of the rights of the subject, his decision or recommendations regarding possible and necessary measures to restore the violated rights;

▪ file a claim in court to protect the rights of the subject violated by the actions or decisions of the holder (possessor) of the personal data array;

▪ submit to the competent authorities submissions to initiate disciplinary, administrative or criminal proceedings against officials whose actions involve violations of the rights of personal data subjects;

▪ based on the results of the work, submit an annual report to the President of the Russian Federation, the Federal Assembly of the Russian Federation and the Chairman of the Government of the Russian Federation on the state of protection of the rights of personal data subjects in the Russian Federation.

The Commissioner is not entitled to engage in public political activities, be a member of a political party or movement, or engage in any paid activity, except for teaching, scientific or creative work. The Commissioner may not be a member of the Federal Assembly of the Russian Federation or any other body of representative power during the entire term of office.

The authorized person is not entitled to disclose information about the private life of the subject and other persons that became known to him in the course of proceedings without their consent.

The decision of the Commissioner, adopted on the basis of the results of the proceedings, may be appealed to the Commissioner for Human Rights in the Russian Federation.

A citizen of the Russian Federation no younger than 35 years of age, who has the necessary qualifications and experience in the field of information technology and jurisprudence, may be appointed as a Commissioner.

The Commissioner is appointed to the post by decree of the President of the Russian Federation.

The Commissioner is appointed for a period of 5 years.

One and the same person may not be appointed to the position of authorized representative for more than two consecutive terms.

The Commissioner may be prematurely dismissed from office by decree of the President of the Russian Federation in the following cases:

▪ termination of citizenship of the Russian Federation;

▪ inability for health reasons or other reasons to perform their duties;

▪ the entry into force of a court conviction against the commissioner;

▪ personal statement of resignation.

In case of early dismissal of the authorized person from office, the appointment of a new authorized person must take place within 3 months.

Author: Yakubenko N.O.

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