- It shall receive claims within its competence according to the present Act;
- It shall specify the necessary guarantees and the appropriate steps for the
protection of personal data;
- It shall access the processing of personal data in order to check them and
shall collect the important information for the execution of its mission;
- It shall give its opinion on any matter linked with the requirements of this Act;
- It shall develop rules of conduct concerning the processing of personal data;
- It shall contribute to research, training and studies in the field of personal
data protection and all other activities in relation to its mission.
Article 77:
The "Instance" conducts investigations by hearing statements from specific
people and by ordering access to the places and premises used for the
processing of personal data with the exception of buildings destined for
occupancy. The "Instance" may be assisted, in order to do research and
specific evaluations, by sworn agents from the Ministry in charge of
communication technology or by judiciary experts or by any other person that
the "Instance" judges useful.
The public prosecutor in the jurisdiction where the investigation takes place
shall be informed by the "Instance"of any offenses that it has detected.
The duty of professional confidentiality is not opposed to the "Instance".
Article 78:
The "Instance" shall be composed as follows:
- - A President chosen among the eminent persons known for their
knowledge in the field;
- A member chosen among the members of the "Chambre des Députés";
- A member chosen among the members of the "Chambre des Conseillers";
- A representative of the Prime Ministry;
- Two magistrates from the third degree;
- Two magistrates from the "Tribunal Administratif";
- A representative from the Ministry of Interior;
- A representative from the Minister of Defence;
- A representative from the Ministry in charge with communication technology;
- A researcher from the Ministry in charge with Scientific Research;
- A doctor from the Ministry in charge with Public Health;
- A member from the "Comité Supérieur des Droits de l'Homme et des libertés
Fondamentales";
- A member chosen among experts in communication technology.
The President and the Members of the "Instance" are appointed by decree for
three years.
Article 79:
It is prohibited for the President and the Members of the "Instance" to hold
any direct or indirect interest inside a firm relating to the personal data
processing, whether automatic or non-automatic.
Article 80:
The President and the Members of the "Instance" are bound by a duty of
confidentiality in respect of the personal data and the information of which
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