The DPC ie data protection commissioner is the Irish states supervisor authority with respect to data protection.
Each EU state must have one.
The data protection directive 95/46 states the DPC has functions of investigation powers, drawing up administrative measures or regulations regarding the processing of personal data, has powers of intervention, have the power to engage in legal proceedings.
The DPA can investigate contraventions of the DPA and has the power to issue information notices.
The DPA can furnish an enforcement notice to enforce data protection law.
The DPA has quite significant powers. Is the supervisor of data processing operations in Ireland so has considerable investigatory powers.
The DPA can ban a data controller processing data if ‘’it is likely to contravene any of the provisions of he DPA’’.
The data protection directive at article 29 provided for creating whats termed a ‘working party’ for the protection of individuals with regard to personal data processing.
In essence each EU states data protection commission supervisor authority has one person who will be a member of this EU wide working party.
The purpose of this working party is to help the process of uniform EU wide application of each national states adoption of measures regarding data protection arising from the data protection directive.
The data protection directive 95/46 states the data protection commission must ‘’act with complete independence in exercising the functions entrusted on them’’.
The data protection commissions role is to assist ensuring individuals personal data is protection and that data controllers / processors comply with data protection laws.
The commissioner will monitor and enforce data protection laws.
It will handling complaints regarding data protection laws.
There is a public educational element to their overall function to the public regarding rights and responsibilities under data protection laws.
It operates as a guardian of privacy and data protection.
Data handling, processing data is an ongoing active duty of data controllers / processors and prevention is the way to go over cure.
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