Article 60. Powers of the Centre
(1) The Centre shall have the following investigative powers:
- a) to order the controller and the processor, and, where applicable, the representative of the controller or of the processor, to provide any information that the Centre requests for the performance of its tasks;
- b) to carry out investigations in the form of data protection audits;
- c) to carry out a review of certifications granted pursuant to art. 42(7);
- d) to notify the controller or the processor of an alleged infringement of this Law;
- e) to obtain, from the controller and the processor, access to all personal data and to all information necessary for the performance of its tasks;
- f) to obtain access to any premises of the controller and of the processor, including to any data processing equipment and means, in accordance with normative acts.
(2) The Centre shall have the following corrective powers:
- a) to issue alerts to a controller or processor concerning the possibility that intended processing operations may infringe the provisions of this Law;
- b) to issue warnings to a controller or processor where processing operations have infringed the provisions of this Law;
- c) to order the controller or the processor to comply with the data subject’s requests to exercise his or her rights under this Law;
- d) to order the controller or the processor to bring processing operations into compliance with the provisions of this Law, specifying, where applicable, the manner and the time limit for doing so;
- e) to require the controller to inform the data subject of a breach of personal data protection in the manner provided by law;
- f) to impose a temporary or definitive limitation, including a ban on processing, in the manner provided by law;
- g) to order the rectification or erasure of personal data or the restriction of processing pursuant to art. 16–18, and the notification of such actions to recipients to whom the personal data have been disclosed in accordance with art. 17(2) and art. 19;
- h) to withdraw, or to require the certification body to withdraw, a certification granted pursuant to art. 42 and 43, or to require the certification body not to grant a certification where the certification criteria are not or are no longer met;
- i) to impose fines in accordance with art. 86–88, in addition to, or instead of, the measures referred to in this paragraph, depending on the circumstances of each individual case;
- j) to order the suspension of data flows to a recipient in another state or to an international organisation.
(3) The Centre shall have the following authorisation and advisory powers:
- a) to advise the controller in accordance with the prior consultation procedure referred to in art. 36;
- b) to issue, on its own initiative or on request, opinions to Parliament, the Government, other public authorities and the public on any issue related to the protection of personal data;
- c) to issue opinions on and approve draft codes of conduct in accordance with art. 40(5);
- d) to accredit certification bodies in accordance with art. 43;
- e) to issue certifications and approve certification criteria in accordance with art. 42(5);
- f) to approve the standard data protection clauses referred to in art. 28(7) and art. 46(2)(c);
- g) to authorise the contractual clauses referred to in art. 46(3)(a);
- h) to authorise the administrative arrangements referred to in art. 46(3)(b);
- i) to approve binding corporate rules in accordance with art. 47.
(4) The powers of the Centre shall be exercised, in accordance with the legislation, by the Director or the Deputy Directors of the Centre, by the data protection inspectors and by other staff of the Centre.