The law requires the CNPD to carry out a number of duties:
- to supervise and check the legality of collecting and using the data to be processed and to inform the parties carrying out the processing of the obligations incumbent on them;
- to ensure the observance of personal freedoms and fundamental rights, particularly as regards to privacy, and to inform the public of the personal rights involved;
- to receive and examine complaints and requests for checks on the legality of processing;
- to advise the Government on the subject.
The National Commission is also responsible for the application of the provisions of the amended Act of 30 May 2005 on the protection of privacy in the electronic communications sector and of the regulations stemming from that Act.
Referral to the CNPD
Applications may be sent to the CNPD concerning compliance with freedoms and fundamental rights in respect of a processing procedure. More particularly, any person involved in a processing procedure may ask the CNPD to check that the processing is lawful. The person concerned is kept informed on the follow-up to his/her request.
The CNPD may also check that data processing procedures comply with legal prescriptions even if no complaint is made.
Power of investigation
Under the amended Act of 2 August 2002, the CNPD has powers of investigation that allow it to access the data being processed. For this purpose it has direct access to the premises, unless they are residential premises, where the data is processed and to the data being processed, and carries out the necessary checks.
The CNPD publishes a written annual report on the performance of its duties which is submitted to the members of the Government in council.
Adoption of administrative sanctions
The CNPD has the possibility of adopting a number of different disciplinary sanctions.
Appeals for reversal may be brought against the CNPD’s decisions concerning these measures.