National Agency for Personal Data Protection, Kosovo
1. Legal grounds for personal data protection in Kosova
Data protection in Kosova has been lawfully protected ever since the adoption of the Law on Personal Data Protection on April 29th, 2010. However, Article 36 [the right on privacy] of Kosova Constitution clearly defines in its 4th paragraph that each individual is entitled to personal data protection.
The Law No.03/L-172 on Personal Data Protection is currently being amended by governmental legal experts and will soon be sent to the National Assembly for adoption. The current version of the law, which is still effective, can be found on the following link:
2. Legal position of the National Agency for Personal Data Protection
The supervisory authority for the protection of personal data in Kosova is the National Agency for Personal Data Protection (abbr. NAPDP).
During the first five years of its existence, the Agency was presided by a council composed of a chief national supervisor and four other national supervisors. They were proposed by the Government and then approved by the National Assembly for a mandate of five years with the right for a possible second mandate.
3. Legal Rights of the National Agency for Personal Data Protection
The Agency gives advice to public and private bodies on data protection related questions; decides on complaints of the data subject; carries out inspections and audits; informs the public about issues and developments in the field of data protection; and promotes and uphold the fundamental right to data protection.
The Agency carries out inspections and audits on its own initiative to monitor the compliance with data protection rules. Within the framework of inspection powers the Agency:
- monitors the legitimacy of data processing;
- monitors the suitability of procedures and measures taken for the protection of personal data pursuant to this Law;
- monitors the implementation of the provisions of this Law regulating the filing system catalogue, the register of filing systems and the recordings of the disclosures of personal data to recipients;
- monitors the implementation of provisions regarding the transfer of personal data to other countries and international organizations.
4. Limitations of the Agency
The Law on Personal Data Protection has provided restrictions for the Agency when it comes to:
- national security;
- national defense;
- public security.
National Agency for Personal Data Protection
36, ‘Luan Haradinaj’ str.
10 000, Prishtinë
Republic of Kosova