Deliberations
The APDP issues a reasoned opinion on three categories of processing that are particularly sensitive.
The Authority is moreover consulted for an opinion:
- by the Minister of State or by the Secretary of State of Justice, Director of Judicial Services during the drafting of legislative or regulatory measures or directorial orders in the context of the administration of justice relating to the protection of personal data, as well as on all measures relating to data protection;
- by the President of the National Council when studying proposals or bills relating to data protection or the processing of such data.
The APDP also gives prior authorization for data transfers to a State, territory or international organization that does not ensure an adequate level of protection when:
- appropriate safeguards have not been put in place, and
- none of the derogations provided for in section 99 of the Act apply, and
- the 4 conditions set out in section 3 of article 99 are not met.
Finally, it adopts recommendations designed to facilitate the application of the rules laid down in the Law.