(Unofficial Translation)
No. 136 Chapter 69 Gor
Government Gazette
27 May 2019
(1) give advices to the Data Controller or the Data Processor, including the
employees or service providers of the Data Controller or of the Data Processor with respect to
compliance with this Act;
(2) investigate the performance of the Data Controller or the Data Processor,
including the employees or service providers of the Data Controller or of the Data Processor
with respect to the collection, use, or disclosure of the Personal Data for compliance with this
Act;
(3) coordinate and cooperate with the Office in the circumstance where there
are problems with respect to the collection, use, or disclosure of the Personal Data undertaken
by the Data Controller or the Data Processor, including the employees or service providers of
the Data Controller or of the Data Processor with respect to the compliance with this Act;
(4) keep confidentiality of the Personal Data known or acquired in the course
of his or her performance of duty under this Act.
The Data Controller or the Data Processor shall support the data protection
officer in performing the tasks by providing adequate tools or equipment as well as facilitate
the access to the Personal Data in order to perform the duties.
The Data Controller or the Data Processor shall not dismiss or terminate the
data protection officer’s employment by the reason that the data protection officer performs
his or her duties under this Act. In the event that there is any problem when performing the
duties, the data protection officer must be able to directly report to the chief executive of the
Data Controller or the Data Processor.
The data protection officer may be able to perform other duties or tasks but
the Data Controller or the Data Processor must warrant to the Office that such duties or tasks
are not against or contrary to the performance of the duties under this Act.
Chapter IV
Office of the Personal Data Protection Committee
--------------------------Section 43
There shall be an Office of the Personal Data Protection
Committee, whose objectives are to protect Personal Data, encourage and support the country’s
development regarding Personal Data protection.
The Office shall act as a government agency, with the status of a juristic person.
The Office shall not be deemed a public sector under the law on administrative organization of
the state, or a state enterprise under the law on budget procedures or other laws.
The Office’s operation shall not be governed by the laws on labor protection,
labor relations, state enterprise labor relations, social security, and workmen’s compensation.
However, the staff and employees of the Office shall be entitled to compensation at the rate not
less than the rate stipulated by the laws on labor protection, social security, and workmen’s
compensation.
The Office shall be deemed a government agency under the law on tort liability
of government official.
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