order established by law,
95 nor was it followed by the Authority itself because the
rotation rule was not obeyed at the end of the first 2 years cycle.
96
Members must be citizens with full enjoinment of their civil and political rights
and of recognised competence and moral integrity (article 16). They will have a
mandate of 6 years that can be renewed once for an equal period (article 14). After
taking the oath of office before the Chairman of the National Assembly (article 15),
they become irremovable and can only cease functions in case of death or permanent
physical incapacity; resignation or loss of mandate. In the last case if they are
affected by any incapacity or incompatibility—the same regime that is applicable
to holders of high public positions—absence, within a year, from three consecutive
meetings or six meetings without justified reasons (article 17).
The organ was installed and started its activities in 2015 after the elections of its
first members, a career judge, who presides, a computer engineer and a former
member of parliament. Although, according to its first Annual Report (2015),
97
minimal conditions to operate were only met in the last trimester of that year, in its
period of existence, it had and has still seen a notable increase in activity reflected in
advisory opinions presented to the government in draft bills related to personal data
protection,
98 authorisations to controllers of data, specially related to the use of video
surveillance and biometric devices, and data collection for research and statistic
purposes.
99 160 authorisations were granted in 2015 according to the 2016 Annual
Report
100 and 191 in 2017.
101 In the 2017 Report the Authority stressed that for the
first time it could rely on staff with law and computer science degrees,
102 but it still
complained of inadequate staffing and facilities.
103
With the exception of the special case of intelligence agencies or organs, and the
residual role of another Administrative Authority—the National Authority on Communications—as will be seen, the National Commission on Data Protection is the
95 Parliament Resolution No 126/VIII/2015, of 14 April, published by the Republic’s Official
Gazette [Boletim Oficial], I Serie, n. 24, 14.05.2015, p. 783. The non-official version was that
there was an agreement between the Members of Parliament to assure that the only lawyer
candidate—a judge—assumed the function, because this professional and personal profile was
more suited to what was required to the first chairmanship of the Authority.
96 Apparently, according to non-official sources, with the acquiescence, if not the support, of other
members that informally adopted the understanding that it was not necessary to follow the rotation
principle.
97 National Authority on Data Protection (2015), pp. 5–6.
98 Though in the 2017 report it stressed that Parliament was approving legislation on personal data
related matters without consulting the Authority (National Authority on Data Protection 2017,
p. 13).
99 National Authority on Data Protection (2016), p. 11.
100 Ibid, 9.
101 National Authority on Data Protection (2017), p. 12.
102 Ibid., 1.
103 Ibid.
94
J. Pina-Delgado
95 nor was it followed by the Authority itself because the
rotation rule was not obeyed at the end of the first 2 years cycle.
96
Members must be citizens with full enjoinment of their civil and political rights
and of recognised competence and moral integrity (article 16). They will have a
mandate of 6 years that can be renewed once for an equal period (article 14). After
taking the oath of office before the Chairman of the National Assembly (article 15),
they become irremovable and can only cease functions in case of death or permanent
physical incapacity; resignation or loss of mandate. In the last case if they are
affected by any incapacity or incompatibility—the same regime that is applicable
to holders of high public positions—absence, within a year, from three consecutive
meetings or six meetings without justified reasons (article 17).
The organ was installed and started its activities in 2015 after the elections of its
first members, a career judge, who presides, a computer engineer and a former
member of parliament. Although, according to its first Annual Report (2015),
97
minimal conditions to operate were only met in the last trimester of that year, in its
period of existence, it had and has still seen a notable increase in activity reflected in
advisory opinions presented to the government in draft bills related to personal data
protection,
98 authorisations to controllers of data, specially related to the use of video
surveillance and biometric devices, and data collection for research and statistic
purposes.
99 160 authorisations were granted in 2015 according to the 2016 Annual
Report
100 and 191 in 2017.
101 In the 2017 Report the Authority stressed that for the
first time it could rely on staff with law and computer science degrees,
102 but it still
complained of inadequate staffing and facilities.
103
With the exception of the special case of intelligence agencies or organs, and the
residual role of another Administrative Authority—the National Authority on Communications—as will be seen, the National Commission on Data Protection is the
95 Parliament Resolution No 126/VIII/2015, of 14 April, published by the Republic’s Official
Gazette [Boletim Oficial], I Serie, n. 24, 14.05.2015, p. 783. The non-official version was that
there was an agreement between the Members of Parliament to assure that the only lawyer
candidate—a judge—assumed the function, because this professional and personal profile was
more suited to what was required to the first chairmanship of the Authority.
96 Apparently, according to non-official sources, with the acquiescence, if not the support, of other
members that informally adopted the understanding that it was not necessary to follow the rotation
principle.
97 National Authority on Data Protection (2015), pp. 5–6.
98 Though in the 2017 report it stressed that Parliament was approving legislation on personal data
related matters without consulting the Authority (National Authority on Data Protection 2017,
p. 13).
99 National Authority on Data Protection (2016), p. 11.
100 Ibid, 9.
101 National Authority on Data Protection (2017), p. 12.
102 Ibid., 1.
103 Ibid.
94
J. Pina-Delgado