Article 48 PDPA
Council for the Protection of Personal Data

1. There is a Council for Personal Data Protection, hereinafter referred to as the "Council", attached to the President of the Office, which is a consultative and advisory body to the President of the Office.

2. The Council's responsibilities include:

1) giving an opinion on the draft documents of the bodies and institutions of the European Union on matters of personal data protection;

2) giving an opinion on the draft legal acts and other documents submitted by the President of the Office on matters of personal data protection;

3) development of proposals for certification criteria referred to in Article 42(5) of Regulation 2016/679;

4) development of proposals for recommendations specifying technical and organizational measures used to ensure the security of personal data processing;

5) initiating activities in the area of personal data protection and making proposals to the President of the Office to amend the law in this area;

6) Expressing opinions on matters submitted to the Council by the President of the Authority;

7) performance of other tasks ordered by the President of the Authority.

3. The Council shall express its opinion within 21 days of receiving the drafts or documents referred to in paragraph 2.

4. Opinions, minutes of meetings and other documents of the Council are made available on the subject page of the President's Public Information Bulletin.

5. The Council shall submit a report on its activities for each calendar year to the President of the Authority by March 31 of the following year.

6. The Council consists of 8 members.

7. Candidates for members of the Council are proposed:

1) Council of Ministers;

2) Ombudsman;

3) chambers of commerce;

4) entities referred to in Article 7 paragraph 1 items 1, 2 and 4-6 of the Law of July 20, 2018. - Law on Higher Education and Science (Journal of Laws item 1668);

5) foundations and associations registered in the National Court Register, whose statutory purpose is the protection of personal data.

8. A member of the Council may be a person who:

1) has a university degree;

2) has not been sentenced by a final judgment for an intentional crime or an intentional fiscal crime;

3) enjoys full public rights;

4) agreed to stand for election.

9. A member of the Council shall be obliged to maintain the secrecy of information of which he became aware in connection with the performance of his function as a member of the Council. The President of the Office may exempt from the obligation of secrecy to the extent specified by him.

10. The President of the Office shall appoint the composition of the Council, for a two-year term, from among the candidates proposed by the entities referred to in paragraph 7, including 5 members from among the candidates proposed by the entities referred to in paragraph 7 items 1 and 2, and 3 members from among the candidates proposed by the entities referred to in paragraph 7 items 3-5.

11. Before the expiration of the term of office, membership in the Council expires due to:

1) resignation submitted in writing to the Chairman of the Council;

2) death;

3) inability to hold office due to long-term illness as determined by a medical certificate;

4) conviction by final judgment for an intentional crime or intentional fiscal crime;

5) deprivation of public rights.

12. In the case referred to in paragraph 11, the President of the Office shall appoint a new member of the Council for the remainder of the term of office, from among the remaining proposed candidates, after confirming the validity of the application, taking into account paragraph 10.

13. The President of the Authority appoints and dismisses the Chairman of the Council and the Vice-Chairman of the Council from among its members.

14. The Chairman of the Council directs its work and represents it externally. In his absence, he is replaced by the Vice Chairman of the Council.

15. Council services are provided by the Office.

16. Other persons may be invited to a meeting of the Council, by the President of the Office and the Chairman of the Council, if it is justified by the tasks of the Council. The provision of paragraph 9 shall apply accordingly.

17. Detailed procedures for the Council's operation are set forth in the rules of procedure established by the President of the Authority on the Council's proposal.