Council

The bodies of the Agency are the Council and the Director of the Agency. The Council of the Agency has a Chairman and two members. The Chairman and members of the Council of the Agency are appointed by the Parliament of Montenegro, at the proposal of the competent working body.

The Council of the Agency shall decide by the vote of an absolute majority of its members.
The Council of the Agency:
• adopts the rules of the Agency;
• adopts a Statute and an internal act on working posts, with the consent of the working body referred to in Article 52 paragraph 2 of the Law, as well as other acts of the Agency;
• drafts annual and special reports on the situation regarding the protection of personal data;
• establishes an annual work plan and annual report on the work of the Agency; 
• establishes a proposal of the financial plan and balance sheet;
• makes decisions on requests for protection of rights and in other cases following supervision;
(Articles 52, 56 and 57 of the Personal Data Protection Law; Official Gazette of Montenegro 79/08 and 70/09).
The Chairman and members of the Council of the Agency must be Montenegrin nationals, have a university degree and have five years of work experience in the area of human rights and freedoms in order to appointed.
Chairman and members of the Council were appointed by the Parliament on May 29th 2014. Muhamed Gjokaj, lawyer, was appointed as the Chairman of the Council and Mr. Aleksa Ivanović and Mr. Radenko Lacmanović, both lawyers, as members of the Council.

 

Muhamed Gjokaj, President of the Council Agency for Personal Data Protection and Free Access to Information

Born on July 30th 1973, in Podgorica, graduated from Faculty of Law on the University of Montenegro in 2002.
He completed the specialist course at the Diplomatic academy “Gavro Vukovic“, University of Montenegro in 2004. Active in postgraduate studies on Faculty of Law, course - International public law.
Experience: Employed at the Agency for Personal Data Protection and Free Access to Information since November 30th 2010 on the working position Controller, and since May 29th 2014 he was appointed Head of the Department for control.
In addition to the aforementioned experience in human rights, in the period from 15th January 2005 to 1st October 2007, and from 1st March 2009 to the employment in the agency, he was hired as journalist associate in the weekly newspaper “Koha javore” which is issued in Albanian language for informing the Albanian minority in Montenegro.
In the period from 1st October 2007 to 26th February 2009, he worked as the authorized representative of the American NGO “Homeland Unites Us”, Office of Montenegro – “Centre for Democracy and Human Rights” which was later renamed to “Commission for Human Rights and Protection of National Minorities”.
In the period from 2001 to 2002, he worked as a humanitarian worker and translator in the humanitarian organization “INTERSOS”.
He is married and a father of three.

 

Radenko Lacmanović, Member of the Council Agency for Personal Data Protection and Free Access to Information

Aleksa Ivanović, Member of the Council Agency for Personal Data Protection and Free Access to Information


Director

The Director of the Agency is appointed by the Agency Council, based on a public vacancy announcement, for a period of four years.
The person who does not meet the conditions to be a member of the Council cannot be appointed as the Agency Director, according to the Personal Data Protection Law.
The competences of the Agency Director are to:
• organise and represent the Agency,
• organise and run the Agency,
• execute the decisions of the Agency Council,
• propose work plans and reports on the situation regarding personal data protection to the Agency Council,
• perform other tasks laid down by this Law and Statute (Articles 58 and 59 of the Personal Data Protection Law; Official Gazette of Montenegro 79/08 and 70/09).

 

Čedomir Mitrović, director of the Agency for Personal Data Protection and Free Access to Information


Background

The Agency for Personal Data Protection is established pursuant to the provisions of the Personal Data Protection Law (Official Gazette of Montenegro 79/08 and 70/09) as the supervisory authority. In performing affairs within its scope of work, the Agency is autonomous and independent. Agency bodies are the Council and the Agency Director.
The Parliament of Montenegro made a decision on the appointment of the President and two members of the Council of the Agency for Personal Data Protection on 10 December 2009.
The Director of the Agency was appointed in April 2010 and started working in May 2010. Concerning the creation of organisational conditions for the work of the Agency, upon the proposal of the Council, the Statute and the Rulebook on Internal Organization and Job Descriptions of the Agency were adopted at the meeting of the Administrative Board of the Parliament of Montenegro. Pursuant to Article 56 of the Personal Data Protection Law and Article 15 of the Statute, the Council of the Agency for Personal Data Protection has adopted a number of secondary legislation regulating the work of the Agency as follows:

• Work Rules; 
• Rulebook on Salaries, Allowances and Other Income of the Agency Employees; 
• Rulebook on Allowances for Increased Costs of Employees;
• Code of Conduct of the Employees; 
• Ethical Code; 
• Rulebook on Official Identification; 
• Rulebook on Usage of Official Cars and Fuel Costs; 
• Rulebook on Allocating Official Mobile Phones and Acknowledgement of Costs of Their Usage; 
• Rulebook on the Usage of Funds for Representation; 
• Guide for Accessing Information in the Possession of the Agency.
Rulebook on Internal Organization and Job Descriptions of the Agency envisages 22 jobs not including the positions of the President and members of Council. 


Competences

Personal Data Protection Agency performs affairs of a supervisory authority prescribed in the Personal Data Protection Law. In performing affairs within its scope of work, the Agency is autonomous and independent. The Agency has a status of a legal person. 
The competences of the Agency include performing administrative and technical affairs in the area of personal data protection.
The Agency:
• performs supervision over the implementation of personal data protection in accordance with this Law;
• decides on requests for the protection of rights;
• delivers opinions regarding the application of this Law;
• gives consent with regards to the establishment of personal data filing systems;
• delivers its opinion in the case of doubt whether a set of personal data is considered a filing system within the meaning of this Law;
• monitors the application of organisational and technical measures for personal data protection and proposes improvements of such measures;
• gives proposals and recommendations for the improvement of personal data protection;
• delivers opinions as to whether certain ways of personal data processing endanger the rights and freedoms of individuals;
• cooperates with bodies competent for supervision over the personal data protection in other countries;
• cooperates with competent state authorities in the process of preparation of regulations regarding personal data protection;
• puts forward the proposals for assessment of constitutionality of laws, that is constitutionality and lawfulness of other regulations and general acts governing the issues of personal data processing and
• performs other tasks in accordance with this Law. (Article 50 of the Personal Data Protection Law; Official Gazette of Montenegro 79/08 and 70/09)