BY THE NATIONAL CENTER FOR PERSONAL
According to the Chapter IV of the Law No. 182-XVI of 10.07.2008 on the approval of the National Center for Personal Data Protection Regulation, structure, staff-limit and its financial arrangements, as well as the art.11 par. (3) of the Law Nr. 17-XVI of 15.02.2007 on personal data protection, a Consultative Council by the Center is created on a voluntary principle with the view of consulting and assisting the Center.
The regulation of organization and functioning of the Consultative Council, approved by the Director of the Center at 01 June 2009, establishes the following duties and attributions of this body:
• providing opinions and proposals in the process of drafting laws and regulations in the field of personal data protection;
• offering consultations to the Center in the area of policies dealing with the control and supervision of the practical implementation of the legal provisions on processing and cross-border transfer of personal data, protection of the data subjects` rights and representing their interests in the courts;
• drawing up proposals regarding the optimization and improvement of the Center’s activity;
• detecting contradictions and providing optimal solutions for realizing the alignment of the national legislative and normative basis with international standards;
• examining particular problematic situations that are not regulated by legal or normative provisions, with the view of identifying the existing barriers and finding optimal solutions to solve them.
The results of the Council’s activity are laid down in the minutes of the working sessions under the form of proposals and opinions, which have a recommendation nature for the Center.
The Chairman of the Council is the Director of the Center.
The composition of the Consultative Council should obligatory include: the chairmen of the National Security, Defense, and Public Order Commission, and of the Human Rights Commission of the Parliament; representatives from the Parliament Apparatus, Apparatus of the President of the Republic of Moldova, Government Apparatus; as well as from Central and Local Public Administration Authorities, from civil associations which act in the field of human rights protection with regard to the personal data processing.
Qualified specialists from institutions of research works, higher education, specialties of whom deal with the field of personal data protection, could also be included among the members of the Council.
By a majority vote, persons may be invited to the sessions as experts to participate in the Council’s activity and provide, as well, consultancy during the session depending on the subject of this meeting. Representatives of international bodies may be invited in a similar way to the sessions with specific subjects.
The members of the Consultative Council are obliged not to disclose confidential information and the personal data obtained during the mentioned activity.
The Consultative Council acts by calling meetings once per semester. If needed, the Chairman of the Council may call extraordinary meetings on his own initiative or at the request of one or several members, and the Secretariat will settle the date of the meeting consulting the Chairman of the Council.
The meetings may be either open or close at the decision by a majority vote of the Council and are held at the headquarters of the National Center for Personal Data Protection (Chişinău municipality, 48, Serghei Lazo str.).