Obligation to inform
There are two manners to fulfill the notification at the Office of Information and Data Protection Commissioner::
It is electronically fulfilled by the controlling subject in the website of the Commissioner’s Office by fulfilling every section of it according to the questions provided (apply online);
Through printing the notification form, filling in its relevant sections and sending it at the Commissioner’s Office via mail or in person.
Decision no. 4
“On determination of cases for exemption from the obligation of notification of processed on personal data”
Instruction no. 41
“On allowing certain categories of international transfers of personal data in a country with no adequate level of personal data protection”
Potential controlling subjects that have the obligation to notify at the Commissioner’s Office
The notification by the controlling subjects is a legal obligation defined in article 21 of the la no. 9887, dated 10/03/2008, “On personal data protection”, as amended. Failure to fulfill the obligation to notify at the Commissioner’s Office consists in an administrative contravention and is fined.
For any change in the purpose or purposes of processing, as well as in the content of previous notification, any controlling subject registered shall again notify the Commissioner’s Office. Thus, if the controller which is previously registered has decided to make a new processing of personal data, or have changed the previous status of the notified processing, then he shall notify again the Commissioner’s Office.
The notification for a new processing also the changes in the previous notification is accomplished by completing online “the Declaration of Changes”, by fulfilling the “Notification Form” manually only in sections where change was made or by addressing to the Commissioner’s Office with an official note where changes or a new processing are explained.
The Notification is a process by which the data controllers notify the Commissioner’s Office regarding the data they process when exercising their activity. This provided information by the controllers given during the fulfillment of sections of “Notification Form”, shall be reflected by the Commissioner’s Office in the Controllers’ Electronic Register opened for the public at www.idp.al. In order to make the notification, you may consult the Guideline on fulfillment of “Notification Form”.
The first purpose of the notification and reflection of information in this register is openness with the public. By informing or the possibility being given to the public to get informed who is processing personal data, as well as other details of the process, for example, the reason of processing is a main principle of data protection. Thus, the notification serves to public interests, by assisting them to understand how data is processed by controllers. Moreover, the information in pages of this register shall contribute in fulfilling the rights of any individual to private or public controllers, as well as for lodging any complaint at the Commissioner’s Office.