Comments on the Draft proposal of the Act for the implementation of the General Data Protection Regulation

Comments on the Draft proposal of the Act for the implementation of the General Data Protection Regulation

The American Chamber of Commerce in Croatia (AmCham) submitted its comments on the Draft Act on the Implementation of the General Data Protection Regulation.

The main objections include:

  • consistent use of the term “General Data Protection Regulation” and redefining the role of the Data Protection Officer,
  • regulating the processing of personal data related to criminal convictions and offences,
  • setting the age of consent for children’s access to information society services at 15,
  • aligning the scope of the Act with the GDPR,
  • expanding and clarifying the Agency’s powers, including promoting awareness, issuing opinions, and keeping a register of Data Protection Officers,
  • amending eligibility criteria for the Agency’s director to avoid residency-based discrimination and emphasize relevant expertise,
  • adding grounds for dismissal of the director,
  • introducing terminological and technical changes for legal certainty,
  • providing clearer rules for inspections, especially unannounced inspections, which should require a court warrant,
  • revising rules on video surveillance, reporting, and publication of Agency opinions and decisions,
  • deleting provisions on charging fees for opinions requested by businesses, as this would burden the economy.