CNPD (Portugal): Difference between revisions
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[[Category: Portugal]] | [[Category: Portugal]] | ||
|- | |- | ||
|Head:|| | |Head:||Paula Meira Lourenço | ||
|- | |- | ||
|Deputy:||n/a | |Deputy:||n/a | ||
| Line 28: | Line 28: | ||
|Phone:||+351 21 392 84 00 | |Phone:||+351 21 392 84 00 | ||
|- | |- | ||
| | |Fax:||+351 21 397 68 32 | ||
|- | |- | ||
|Procedural Law:||n/ | |Procedural Law:||Lei n.º 43/2004 - Diário da República n.º 194/2004, Série I-A de 2004-08-18, alterada pela lei 58/2019 de 2019-08-08 | ||
|- | |- | ||
|Decision Database:|| | |Decision Database:||[https://www.cnpd.pt/decisoes/historico-de-decisoes/ CNPD] | ||
|- | |- | ||
|Translated Decisions:||[[:Category:CNPD (Portugal)]] | |Translated Decisions:||[[:Category:CNPD (Portugal)]] | ||
|- | |- | ||
|Head Count:|| | |Head Count:||29 (end of 2023) | ||
|- | |- | ||
|Budget:|| | |Budget:||2.976.534,00 € (2023) | ||
|} | |} | ||
The | The Comissão Nacional de Protecção de Dados "CNPD" is the national Data Protection Authority for Portugal. | ||
It is an independent administrative body, with legal personality under public law and powers of authority, endowed with administrative and financial autonomy, which operates within the Portuguese Parliament. | |||
The Portuguese Data Protection Authority is composed by members of recognized integrity and merit. The status of the members guarantees their independence in exercising their functions. They have a five-year mandate and take office before the President of the Parliament. | |||
CNPD monitors and supervises compliance with the GDPR, Law 58/2019, Law 59/2019 and Law 41/2004, as well as other legal and regulatory provisions on the protection of personal data, in order to defend the rights, freedoms and guarantees of natural persons in the processing of their personal data. | |||
CNPD began operating on 7 January 1994 as "Comissão Nacional de Protecção de Dados Pessoais Informatizados" or "CNPDPI" (National Commission for the Protection of Informatised Personal Data, in english). CNPD's current name was established in 1998, when Directive 95/46/EC was transposed into Portuguese law by Law 67/98 of 26 October. | |||
The Commission's headquarters are in Lisbon: CNPD's first address was at Rua de S. Bento, 148, 3<sup>rd</sup> floor, having moved to its current premises in the summer of 2018. | |||
==Structure== | |||
The CNPD, the Portuguese Data Protection Authority, is a collegial body composed by members of recognized integrity and merit. The status of the members guarantees their independence in exercising their functions. They have a five-year mandate and take office before the President of the Portuguese Parliament. | |||
The Portuguese Data Protection Authority is composed of seven members: | The Portuguese Data Protection Authority is composed of seven members: | ||
* The Chairman and two members elected by the Parliament; | *The Chairman and two members elected by the Parliament; | ||
* One legal magistrate, with over 10 years’ experience, appointed by the Magistrature Council; | *One legal magistrate, with over 10 years’ experience, appointed by the Magistrature Council; | ||
* One magistrate from the Public Prosecution Service, with over 10 years’ experience, appointed by the Public Prosecution Council; | *One magistrate from the Public Prosecution Service, with over 10 years’ experience, appointed by the Public Prosecution Council; | ||
* Two members appointed by the Government. | *Two members appointed by the Government. | ||
==Procedural Information== | ==Procedural Information== | ||
===Applicable Procedural Law=== | ===Applicable Procedural Law=== | ||
Law 43/2004, of August 18<sup>th</sup> (Law on the organisation and operation of the CNPD), altered and republished by Law 58/2019, of August 8<sup>th</sup> (the Portuguese Data Protection Law, supplementing the GDPR).<ref>[https://diariodarepublica.pt/dr/detalhe/lei/43-2004-480712 Lei n.º 43/2004, de 18 de Agosto]</ref><ref>[https://diariodarepublica.pt/dr/detalhe/lei/58-2019-123815982 Lei n.º 58/2019, de 08 de Agosto]</ref> | |||
Decree-Law 4/2015, of January 7<sup>th</sup>, altered by Law 72/2020, of November 11<sup>th</sup> and by Decree-Law 11/2023, of February 10<sup>th</sup>, the Portuguese Administrative Procedure Code.<ref>[https://diariodarepublica.pt/dr/legislacao-consolidada/decreto-lei/2015-105602322 Código do Procedimento Administrativo - CPA]</ref> | |||
Regulation 310/2020, of March 31<sup>st</sup>, on the value of fees to provide GDPR related services (accreditation of certificate issuing organisations, DPIA prior consultation, among others).<ref>[https://diariodarepublica.pt/dr/detalhe/regulamento/310-2020-130887195 Regulamento n.º 310/2020, de 31 de Março]</ref> | |||
Regulation 757/2020, of September 10<sup>th</sup>, on the organisation and functioning of support services for the CNPD.<ref>[https://diariodarepublica.pt/dr/detalhe/regulamento/757-2020-142326908 Regulamento n.º 757/2020, de 10 de Setembro]</ref> | |||
===Complaints Procedure under | ===Complaints Procedure under Article 77 GDPR=== | ||
''You can help us filling this section!'' | ''You can help us by filling in this section!'' | ||
===''Ex Officio'' Procedures under | ===''Ex Officio'' Procedures under Article 57 GDPR=== | ||
''You can help us filling this section!'' | ''You can help us by filling in this section!'' | ||
===Appeals=== | ===Appeals=== | ||
''You can help us filling this section!'' | ''You can help us by filling in this section!'' | ||
==Practical Information== | ==Practical Information== | ||
''You can help us filling this section!'' | |||
===Filing with the DPA=== | |||
The DPA provide one general and three specific forms to submit a '''complaint''': | |||
* General complaints, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/geral/ | |||
* Unsolicited marketing (spam), only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/marketing-nao-solicitado-spam/ | |||
* Biometric data, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/dados-biometricos/ | |||
* Video surveillance, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/videovigilancia/ | |||
===Known Problems=== | |||
''You can help us by filling in this section!'' | |||
===Filing an Appeal=== | |||
''You can help us by filling in this section!'' | |||
==Decision Database== | |||
''You can help us by filling in this section!'' | |||
==Statistics== | ==Statistics== | ||
{{DataProtectionAuthorities}} | ===Funding=== | ||
CNPD's 2023 budget was 2.976.534,00 euros, with 2.869.190,00 euros coming from the Portuguese National Budget and 107.344,00 euros from the CNPD itself (self-funding). CNPD started 2024 with a positive cashflow of 347.566,78 euros (9.288.467,12 euros of total revenue & 8.940.900,34 euros of expenses). | |||
CNPD's 2020 budget was 2.385.701,00 euros, with 2.375.701,00 coming from the Portuguese National Budget and 10.000,00 euros from the CNPD itself (self-funding). | |||
CNPD's 2019 budget was 2.152.445,00 euros, with 2.077. 445,00 euros allocated to the CNPD by the Portuguese National Budget, 75.000,00 euros from the CNPD itself (self-funding) and 181.600 euros as a "special credit" from past budget surpluses (7.104.093,21 euros in positive cash flow). | |||
===Personal=== | |||
In 2023 (end) CNPD had 29 employees. | |||
In 2020 CNPD had 24 employees. | |||
In 2019 CNPD had 25 employees. | |||
===Caseload=== | |||
''You can help us by filling in this section!'' | |||
===Fines=== | |||
''You can help us by filling in this section!'' | |||
===Annual Reports=== | |||
[https://www.cnpd.pt/media/rxvfiafs/cnpd_relatorio-atividades-do-ano-de-2023.pdf CNPD 2023 Annual Report (in Portuguese)] | |||
[https://www.cnpd.pt/media/tutpevyh/relato-rio_2022.pdf CNPD 2022 Annual Report (in Portuguese)] | |||
[https://www.cnpd.pt/media/meuizrj4/relato-rio-atividades-cnpd-2021.pdf CNPD 2021 Annual Report (in Portuguese)] | |||
[https://www.cnpd.pt/media/adsndrsf/relato-rio-2019-2020.pdf CNPD 2019/2020 Bi-annual Report (in Portuguese)] | |||
[https://www.cnpd.pt/media/fjhffphw/relatorio_201718.pdf CNPD 2017/2018 Bi-annual Report (in Portuguese)] {{DataProtectionAuthorities}} | |||
<references /> | |||
Latest revision as of 19:04, 10 August 2024
| Comissão Nacional de Protecção de Dados | |
|---|---|
 | |
| Name: | Comissão Nacional de Protecção de Dados |
| Abbreviation : | CNPD |
| Jurisdiction: | Portugal |
| Head: | Paula Meira Lourenço |
| Deputy: | n/a |
| Adress: | Av. D. Carlos I, 134, 1º
1200-651 Lisboa PORTUGAL |
| Webpage: | www.cnpd.pt |
| Email: | geral@cnpd.pt |
| Phone: | +351 21 392 84 00 |
| Fax: | +351 21 397 68 32 |
| Procedural Law: | Lei n.º 43/2004 - Diário da República n.º 194/2004, Série I-A de 2004-08-18, alterada pela lei 58/2019 de 2019-08-08 |
| Decision Database: | CNPD |
| Translated Decisions: | Category:CNPD (Portugal) |
| Head Count: | 29 (end of 2023) |
| Budget: | 2.976.534,00 € (2023) |
The Comissão Nacional de Protecção de Dados "CNPD" is the national Data Protection Authority for Portugal.
It is an independent administrative body, with legal personality under public law and powers of authority, endowed with administrative and financial autonomy, which operates within the Portuguese Parliament.
CNPD monitors and supervises compliance with the GDPR, Law 58/2019, Law 59/2019 and Law 41/2004, as well as other legal and regulatory provisions on the protection of personal data, in order to defend the rights, freedoms and guarantees of natural persons in the processing of their personal data.
CNPD began operating on 7 January 1994 as "Comissão Nacional de Protecção de Dados Pessoais Informatizados" or "CNPDPI" (National Commission for the Protection of Informatised Personal Data, in english). CNPD's current name was established in 1998, when Directive 95/46/EC was transposed into Portuguese law by Law 67/98 of 26 October.
The Commission's headquarters are in Lisbon: CNPD's first address was at Rua de S. Bento, 148, 3rd floor, having moved to its current premises in the summer of 2018.
Structure
The CNPD, the Portuguese Data Protection Authority, is a collegial body composed by members of recognized integrity and merit. The status of the members guarantees their independence in exercising their functions. They have a five-year mandate and take office before the President of the Portuguese Parliament.
The Portuguese Data Protection Authority is composed of seven members:
- The Chairman and two members elected by the Parliament;
- One legal magistrate, with over 10 years’ experience, appointed by the Magistrature Council;
- One magistrate from the Public Prosecution Service, with over 10 years’ experience, appointed by the Public Prosecution Council;
- Two members appointed by the Government.
Procedural Information
Applicable Procedural Law
Law 43/2004, of August 18th (Law on the organisation and operation of the CNPD), altered and republished by Law 58/2019, of August 8th (the Portuguese Data Protection Law, supplementing the GDPR).[1][2]
Decree-Law 4/2015, of January 7th, altered by Law 72/2020, of November 11th and by Decree-Law 11/2023, of February 10th, the Portuguese Administrative Procedure Code.[3]
Regulation 310/2020, of March 31st, on the value of fees to provide GDPR related services (accreditation of certificate issuing organisations, DPIA prior consultation, among others).[4]
Regulation 757/2020, of September 10th, on the organisation and functioning of support services for the CNPD.[5]
Complaints Procedure under Article 77 GDPR
You can help us by filling in this section!
Ex Officio Procedures under Article 57 GDPR
You can help us by filling in this section!
Appeals
You can help us by filling in this section!
Practical Information
Filing with the DPA
The DPA provide one general and three specific forms to submit a complaint:
- General complaints, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/geral/
- Unsolicited marketing (spam), only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/marketing-nao-solicitado-spam/
- Biometric data, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/dados-biometricos/
- Video surveillance, only in Portuguese: https://www.cnpd.pt/cidadaos/participacoes/videovigilancia/
Known Problems
You can help us by filling in this section!
Filing an Appeal
You can help us by filling in this section!
Decision Database
You can help us by filling in this section!
Statistics
Funding
CNPD's 2023 budget was 2.976.534,00 euros, with 2.869.190,00 euros coming from the Portuguese National Budget and 107.344,00 euros from the CNPD itself (self-funding). CNPD started 2024 with a positive cashflow of 347.566,78 euros (9.288.467,12 euros of total revenue & 8.940.900,34 euros of expenses).
CNPD's 2020 budget was 2.385.701,00 euros, with 2.375.701,00 coming from the Portuguese National Budget and 10.000,00 euros from the CNPD itself (self-funding).
CNPD's 2019 budget was 2.152.445,00 euros, with 2.077. 445,00 euros allocated to the CNPD by the Portuguese National Budget, 75.000,00 euros from the CNPD itself (self-funding) and 181.600 euros as a "special credit" from past budget surpluses (7.104.093,21 euros in positive cash flow).
Personal
In 2023 (end) CNPD had 29 employees.
In 2020 CNPD had 24 employees.
In 2019 CNPD had 25 employees.
Caseload
You can help us by filling in this section!
Fines
You can help us by filling in this section!
Annual Reports
CNPD 2023 Annual Report (in Portuguese)
CNPD 2022 Annual Report (in Portuguese)
CNPD 2021 Annual Report (in Portuguese)
CNPD 2019/2020 Bi-annual Report (in Portuguese)
CNPD 2017/2018 Bi-annual Report (in Portuguese)
| EU/EEA/UK Data Protection Authorities | |
|---|---|
| Austria · Belgium · Bulgaria · Croatia · Cyprus · Czech Republic · Denmark · Estonia · Finland (Åland) · France · Germany (Baden-Württemberg · Bavaria, private sector · Bavaria, public sector · Berlin · Brandenburg · Bremen · Hamburg · Hesse · Lower Saxony · Mecklenburg-Vorpommern · North Rhine-Westphalia · Rhineland-Palatinate · Saarland · Saxony · Saxony-Anhalt · Schleswig-Holstein · Thuringia ) · Greece · Hungary · Ireland · Italy · Latvia · Lithuania · Luxembourg · Malta · Netherlands · Poland · Portugal · Romania · Slovakia · Slovenia · Spain (Basque Country · Catalonia · Andalusia)· Sweden | |
| Iceland · Liechtenstein · Norway · United Kingdom | EDPS · EDPB |
