Data protection in the Republic of Croatia
- The legal grounds for personal data protection in the Republic of Croatia
- The legal position of Croatian Personal Data Protection Agency
- The legal rights of Croatian Personal Data Protection Agency
- Limitations of Croatian Personal Data Protection Agency
- Contact information
1. 1. The legal grounds for personal data protection in the Republic of Croatia
The Constitution of the Republic of Croatia (Article 37), OG, No 41/01
Everyone shall be guaranteed the safety and secrecy of personal data. Without consent from the person concerned, personal data may be collected, processed and used only under conditions specified by law.
Protection of data and supervision of the work of information systems in the State shall be regulated by law.
The use of personal data contrary to the purpose of their collection shall be prohibited.
The Republic of Croatia adopted the Act on Personal Data Protection (OG, No 103/03).
The Act on Personal Data Protection regulates the protection of personal data regarding natural persons and the supervision of collecting, processing and use of personal data in the Republic of Croatia.
On the 14th of April 2005 the Republic of Croatia has ratified the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No.108) and Additional Protocol to the Convention for the Protection of Individuals with regard to Automatic Processing of Personal Data (ETS No.108) regarding Supervisory Authorities and Transborder Data Flows (OG, No 4/05, International contracts).
Also, later amendments of the Act on Personal Data Protection were adopted (OG, No 118/06 and OG, No 41/08) with purpose of further approximation with Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individual regard to the processing of personal data and on the free movement of such data.
Amendments of the Act on Personal Data Protection contains more detailed provisions regarding to data transferring abroad, also there are exceptions from delivering of the records on personal data filing systems and introducing of data officer as a new institute in the field of personal data protection.
2. The legal position of Croatian Personal Data Protection Agency
Croatian Personal Data Protection Agency, as an independent body established by the Act on Personal Data Protection, supervises the work of personal data processing.
The Agency maintains the Central Register in which the records on personal data filing systems are compiled.
The Agency is responsible to the Croatian Parliament and submits a report regarding its operation to the Croatian Parliament upon its requests and at least once a year.
The Director and the Deputy Director of the Agency are appointed and recalled by the Croatian Parliament upon proposal of the Government of the Republic of Croatia for a period of four years with the possibility of reappointment.
The Agency has its own professional service.
3. The Legal Rights of Croatian Personal Data Protection Agency
In the framework of public tasks the Agency:
In conducting of the supervisory activities the Agency issues decisions (for example issues orders that irregularities be eliminated, also issues decisions on prohibition of data processing, etc).
- supervises implementation of personal data protection,
- indicates the violations noted during personal data collecting,
- compiles a list of countries and international organizations which have
- adequately regulated personal data protection,
- resolves requests to determine possible violations of rights guaranteed
- by the Act and maintains the Central Register.
The Agency may propose to initiate criminal or misdemeanour proceedings at a competent authority.
4. Limitations of Croatian Personal Data Protection Agency
The Agency covers supervision of the entire public and private sectors, except the processing of personal data by natural persons for personal or private purposes.
CROATIAN PERSONAL DATA PROTECTION AGENCY
Republike Austrije 25
10000 Zagreb, Croatia