Proceedings on the protection of personal data

If you suspect that your rights have been or are being violated during the processing of your personal data or that there has been a violation of Act No. 18/2018 Coll. on the protection of personal data and on amendments to certain laws (hereinafter referred to as "Act No. 18/2018 Coll.") or Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons in the processing of personal data and on the free movement of such data, which repeals Directive 95/46/EC (General Data Protection Regulation) (hereinafter referred to as "Regulation 2016/679"), you can submit a proposal to the Office to initiate proceedings on personal data protection.

Motion to initiate proceedings

A motion to initiate proceedings can be filed

• in written form,
• in writing in electronic form, authorized according to a special regulation on the electronic form of the exercise of public authority; electronic submission without authorization according to a special regulation on the electronic form of the exercise of public authority (i.e. a regular email without a guaranteed electronic signature) must be completed within three working days in paper form, or in an electronic form authorized according to a special regulation on the electronic form of the exercise of public authority, or in person at to the office orally in the minutes,
• in person at the office orally in the minutes.

The motion to initiate proceedings must, in accordance with § 100 par. 3 of Act No. 18/2018 Coll. to contain

• name, surname, mailing address and signature of the applicant,
• designation of the person against whom the proposal is directed; name or name and surname, domicile or permanent residence and identification number, if assigned,
• the subject of the proposal indicating which rights should have been violated during the processing of personal data,
• evidence to support the claims made in the proposal,
• a copy of the document or other evidence proving the application of the right according to the second part of the second chapter of Act no. 18/2018 Coll. or Regulation 2016/679, if you have exercised such a right, or stating reasons worthy of special attention for not exercising the right in question

This sample proposal can be used to submit a proposal to initiate proceedings

Adjournment of motion to initiate proceedings

Pursuant to § 100 par. 5 of Act no. 18/2018 Coll. The Office will postpone the proposal if

• the proposal is clearly unfounded,
• the matter to which the proposal relates is being heard by a court or a law enforcement agency,
• the petitioner did not provide the necessary cooperation to the Office at his request, and without his active participation the matter cannot be handled; The proposer's office will notify about the possibility of postponing the proposal,
• more than three years have passed since the event to which the proposal relates on the day of its delivery.

A stimulus

If the proposal for initiation of proceedings is delivered to the Office by a person other than the person concerned, the proposal is considered a motion to initiate proceedings without a motion, and the natural or legal person who submitted the motion is not a party to the proceedings. The Office informs her about the method of processing the initiative within 30 days from the date of delivery of the initiative to the Office. The Office will assess the initiative within 30 days from the date of its delivery. If the Office initiates for legal reasons listed in § 100 par. 5 of Act no. 18/2018 Coll. does not delay, the proceedings will begin.

Acting on the basis of inspection results and on own initiative

The Office may initiate proceedings on its own initiative also based on the results of the inspection pursuant to § 97 par. 2 in connection with § 100 par. 2 of Act no. 18/2018 Coll., which identified deficiencies, or also on the basis of a finding during the supervision of compliance with the obligations established by Act no. 18/2018 Coll. or Regulation 2016/679.

Decision

If the Office detects a violation of the rights of the person concerned or non-fulfillment of obligations in the processing of personal data, the Office will primarily decide on the imposition of remedial measures and deadlines for the implementation of remedial measures. In the decision, the Office can also impose a fine. If the violation of rights or non-fulfilment of obligations is not proven, the Office will stop the proceedings.

Deadlines for decision

The Office will make a decision in the proceedings within 90 days from the date of commencement of the proceedings. In justified cases, the Office will extend this period appropriately, but by no more than 180 days. The Office informs the participants of the proceedings in writing about the extension of the deadline.

Filing remedies

A legal remedy against an invalid decision can be filed with the Office within 15 days from the date of its delivery to the party in the manner in which a motion to initiate proceedings can be filed.