SUMMARY OF THE ACTIVITIES OF THE INFORMATION AND PRIVACY AGENCY FOR THE YEAR 2022

SUMMARY OF THE ACTIVITIES OF THE INFORMATION AND PRIVACY AGENCY FOR THE YEAR 2022

The Information and Privacy Agency, within its legal mandate for the supervision of the implementation of Law No. 06/L-81 on Access to Public Documents and Law No. 06/L-082 on the Protection of Personal Data as well as in the fulfillment of the objectives foreseen in the Performance Plan for 2022, has carried out the following activities:

Access to Public Documents – In the framework of the implementation of the Law on Access to Public Documents, AIP has received 421 complaints, 331 of which have been closed and another 90 are in the process of review, within the legal deadlines. Complaints are submitted from the following categories:

207 were addressed by citizens
76 from the media
138 from NGOs

Protection of Personal Data– The supervision of the implementation of the Law on the Protection of Personal Data is focused on regular inspections of the Controller (public and private institutions), reviewing and accepting complaints, making decisions and giving advice. in the exercise of mandate and legal powers.

The number of complaints received in AIP during 2022 is 145, of which, 40 complaints are related to direct marketing, 22 to data publication, 33 camera surveillance, 50 misuse of personal data.

Of these complaints, 108 are closed and 37 complaints are under consideration, within the legal deadlines.

The number of decisions issued from January 2022 is a total of 172 decisions, of which 8 (eight) misdemeanor fines were imposed with a total amount of 169,000.00 euros. Four of these fines were imposed on public auditors and four on private auditors.

The total number of inspections carried out this year is 213, from which decisions and inspection reports were issued. Also, AIP has provided 30 legal advices at the request of public and private controllers.

During the year 2022, the agency issued 5 (five) decisions for the permission of international transfer of personal data, at the request of the controllers.

The agency has inspected the municipalities of Kosovo regarding the processing of personal data through the camera surveillance system in public spaces. For two cases (Municipalities) inspected, the State Prosecutor has been notified of further actions due to the fact that the controller who decided and carried out the surveillance through these systems has not been ascertained (identified) and they constitute a criminal offense according to the Criminal Code of Kosovo. Meanwhile, for those municipalities in which it has been established that the surveillance of the camera surveillance system is done by the municipal bodies, the AIP has issued mandatory decisions to stop the processing and have obliged the municipalities to transfer the camera surveillance in public spaces to the Kosovo Police as an authority mandated by law.

Legislation Plan – During the year 2022, AIP has approved 6 (six) Regulations, 1 (one) Administrative Instruction and 5 (five) practical guidelines for the implementation of laws.

Awareness Campaigns have been oriented to the training of officials for access to public documents and the protection of personal data at the central and local level, the organization and participation in informative conferences and tables, meetings with public institutions about cooperation and counseling. In addition, AIP has held trainings for judges, prosecutors, as well as data protection officers in the private sector. Holding awareness lectures at Public Universities in the country, distribution of informative brochures in the official languages of Kosovo, throughout the territory of the country, public appearances and participation in televised debates about the protection of personal data and the right to information.

In the framework of regional and international cooperation the agreement with the Republic of Albania was signed, on the basis of which three bilateral activities were carried out for the examination of specific and complex cases, as well as the procedures for bilateral agreements with Croatia and Italy were initiated. For the first time, the regional Conference of Personal Data Protection Commissioners was held in Pristina, with the aim of cooperation and sharing of best experiences in the implementation of the General European Regulation for the Protection of Personal Data. Kosovo was represented for the first time as a panelist at the Global Privacy Assembly, in Istanbul, Turkey, which addressed the effective implementation of the legal framework for data protection in the digital world. In the capacity of a member with full rights, AIP has also been introduced in the Regional Initiative of Information Commissioners, which aimed at cooperation for the undertaking of concrete measures as a region in the proactive publication of public documents, with the aim of increasing transparency and accountability by side of public institutions. Participating as an observer in the Spring Conference of Data Protection Commissioners, with the aim of lobbying to submit the application for membership in this international mechanism. In December 2022, the Agency was accepted as a full member of the International Conference of Information Commissioners and the formalization of this membership will take place in June 2023.

Assessment reports for Kosovo – The agency has given special importance to the fulfillment of the recommendations issued by the evaluation reports for the country. The country report for 2021, published in 2022, presented an accurate overview of the activities and actions of the AIP in terms of personal data protection, while the report of international media freedom organizations and journalists for Kosovo published on November 16, 2022, after a research done at the end of this year, has assessed the high trust that stakeholders (journalists, NGOs) have in the work of AIP in relation to the supervision of the implementation of legislation on access to public documents and personal data protection.