FREQUENTLY ASKED QUESTIONS - APD

Am I entitled to request the documentation of all candidates who have applied for the position of Ombudsperson?

*   Since this position is of special importance in our country, you are entitled to access to:

  • Candidates’ biographies (CV), but by pseudonymization and anonymization of redundant personal data;
  • Candidates’ motivation letters;
  • Evidence of education completed and professional preparation;
  • Evidence confirming that they have not been sentenced for a criminal offence.

Access to the full data (in cases where pseudonymization or anonymization is recommended due to potentially sensitive or redundant data) of the aforementioned documentation may be provided if the human resources office obtains prior consent from the data subjects to share those data with third parties.

Am I entitled to request the list of diplomats whose term of office has expired or who have been dismissed?

Yes, you can request from the Ministry of Foreign Affairs and Diaspora the list with the below documents:
• Name, family name of the official;
• Official position which he/she has held;
• Data that prove the time period for which he was mandated to serve in the capacity that he/she has held (or even the date of dismissal [if any]);
• Receiving state where he/she has served as a diplomat;

Can I request the recorded footage of the security cameras, for which I am the data subject?

*• * Such a request if completely legal.
• You are even entitled to request a recorded copy of those images, in a suitable format. However, the public institution, in the capacity of personal data processor, must take care not to disclose recorded images, where third parties are data subjects and if their prior consent has not been obtained in advance.

Can I have access to the decisions on disciplinary measures imposed on officials of a public institution?

• Public documents subject to request (final disciplinary decisions of a public institution against its officials) according to the Regulation on Personal Files of Civil Servants are considered integral part of the personal files of (former) employees in the relevant public institution, access to which is limited (reserved) only to the data subject (employee/ civil servant, or public official), human resources manager, or members of a disciplinary commission, and institutions defined by law.
• In this case, providing access to suchlike decisions against a third party (the requesting party) may be done only after receiving the prior consent of the data subject (of the employee of the public institution which has been subjected to disciplinary procedure concluded by a certain decision).
• In the present case, the data collected by the public institution (human resources office) within the public document subject to the request have been processed for a specific purpose and have been subject to review for an alleged violation and eventual undertaking of a certain disciplinary measure. At the moment when such a decision has taken its final form and no action has been taken to challenge it, it is legally considered that the purpose for which the personal data of the data subject were processed as an integral part of that disciplinary procedure has been achieved.
• However, the public institution can provide access to the requesting party in the form of a statistical summary, wherein the number of disciplinary decisions, the type of violations, the type of measures imposed, the category of officials who have been subject to those measures, etc. can be specified.
Am I allowed to have access to:
• The decision on the appointment of the committee for evaluation of applications, with the names of the official persons tasked with the duty;
• The decision on the appointment of the committee for review of complaints, with the names of the official persons tasked with the duty;
• Evaluations of the committees appointed for evaluation of each application with scores or in another form; Protocolled decisions of the first and second instances on the overall decision-making in the administrative procedure;
• The copy of the protocol book where the relevant decisions are recorded.

Yes. In all cases you are allowed to have full access to the required documentation. The eventual refusal to provide access to the requested documents may only be applied if there is a decision on the classification of any of the requested documents. Personal data within the required documentation that may be considered to constitute a breach of privacy may be pseudonymized or presented only with initials (where applicable).