Personal Data Processing Policy
Personal Data Processing Policy effective as of 1.5.2020

The personal data controller is the District Public Prosecutor’s Office in Benešov, with a registered office at Poštovní 2079, 256 01 Benešov, company ID: 00026018, data mailbox ID: 3ytahre, electronic registry address: podatelna@osz.ben.justice.cz (hereafter also “Controller”).

Use of your personal data

Your personal data will be processed in compliance with the policies and principles of the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereafter “GDPR”), and furthermore the processing and protection of personal data, in particular for the purpose of prevention, search and detection of criminal activity and prosecution of criminal offenses, execution of sentences and protective measures, securing the safety of the Czech Republic, public order and internal security, including the search for persons and assets, will be conducted in compliance with the Act no. 110/2019 Coll., on Personal Data Processing (“PDPA”).

Personal Data may be processed in the extent, in which you have provided it. Legal grounds for its processing is, depending on the processing agenda, one or more of the following processing titles:

a) processing is necessary to fulfill a legal obligation applicable to the controller;
b) processing is necessary to perform a task realized in public interest or in the course of exercising public authority entrusted to the controller;
c) processing is necessary to protect vital interests of the data subject or another natural person;
d) processing is necessary for the purpose of protecting legitimate interests of the relevant controller or a third party, with the exception of cases, where interests or fundamental rights and freedoms of the data subject requiring personal data protection take precedence over the aforementioned interests, in particular if the data subject is a child.

In most cases, the above referred paragraph a) or b) will apply, if the submission is aimed towards the exercise of competences of the Public Prosecutor’s Office.

If you contact us by e-mail or through the data mailbox information system, your data will be used for our correspondence with you. In case of e-mail correspondence we also record your IP address and in case you use the data mailbox information system, we also record your data mailbox ID.

When entering our website (www.verejnazaloba.cz) or the electronic notice board (http://infodeska.justice.cz), data is collected for statistic purposes. This data includes your IP address, date and time of access and the specific target URL and it is stored for a limited time only and used solely to improve the internet service and it is evaluated in a manner not allowing to backtrack the specific user identity. Your IP address will be used only in case it is necessary to prevent cybernetic threats based on the applicable legislation.

Disclosure of infomation to third parties

We never disclose, provide or transfer your personal identification data, unless it is expressly stipulated by the applicable legislation or implied by the obligations of fulfilling tasks performed in public interest or in the course of exercising public authority.

Security and accuracy of personal data

Security, but also accuracy of your personal data, is very important to us. That is why we have introduced both physical and electronic procedures to secure it. Access to this data is limited only to authorized and trained Public Prosecutor’s Office employees who were provably made acquianted with the principles of personal data processing.

If we receive personal data of third parties, it is usually not possible to notify these persons about processing of their personal data, since it would be associated with disproportionate effort. At the same time we need to add that public prosecutors, as well as other employees handling personal data, are bound by a confidentiality obligation.

Retention period

We will not retain any data longer than necessary to fulfill the purpose, for which it is being processed, including securing of our processing in compliance with the statutory and regulatory obligations (e.g. file management service and statutory retention period, audit and accounting).

Exercising the rights of data subjects

In relation to the processing of personal data you may exercise your rights depending on the agenda, within which the personal data is being processed; we process personal data in criminal competence, non-criminal competence and in the administrative area. The non-criminal competence is based on Section 4 of the Act on Public Prosecutor’s Office, it involves e.g. participation in civil proceedings such as proceedings on legal capacity, declaration of death, participation in insolvency proceedings or proceedings concerning public records, supervision over maintaining of institutional or protective education etc. Administration concerns securing the operation of the District Public Prosecutor’s Office in Benešov.

Processing of personal data within the frame of non-criminal competence of District Public Prosecutor’s Office in Benešov

In these cases you may exercise the following rights: 

  • right to access to personal data (art. 15 of GDPR): you have the right to access your personal data and to be informed what personal data do we process and for what time, what is the purpose of processing and who has access to the personal data.
  • right to rectification and completion (art. 16 of GDPR): if you find out we process incomplete or inaccurate personal data about you, you have the right to its rectification, or if the purpose of processing requires it, you may exercise the right for its supplementation.
  • right to erasure (art. 17 of GDPR): you may request that we erase personal data concerning you without undue delay (e.g if all reasons for personal data processing have expired). This right is not absolute and it does not give you the option to ask for erasure of your personal data at any time under any circumstances. Based on the right “to be forgotten” you may not request liquidation of all personal data, since we may be under legal obligation to further retain some of your personal data.
  • right to restriction of processing (art. 18 of GDPR): you may exercise this right if you dispute the accuracy of your personal data and we are unable to verify the accuracy thereof, or if the processing is unlawful, but you refuse to have your personal data deleted and request limitation of its use instead. You may also request restriction of processing, if we no longer need to process your personal data, but you need it in order to assert your claims.
  • right to data portability (art. 20 of GDPR): you have the right to have your personal data transferrred to you or to another controller in a structured form, however this must concern processing based on the legal title of granted consent or contract (however, in your case we do not use these legal titles for processing your personal data and given its nature, this right cannot be exercised in cases where we perform processing within the frame of exercising public authority or performing tasks in public interest).
  • right to object (art. 21 of GDPR): you have the right to object at any time against processing of your personal data, which is processed based on the legal title of performing tasks in public interest or exercise of public authority, or as the case may be, if the processing is necessary in order to protect our legitimate interests or legitimate interests of third parties. We will always assess your objection and notify you about the manner of its execution.
  • right to file a complaint to the supervizory authority, which is the Office for Personal Data Protection, seated at the address at Pplk. Sochora 27, 170 00 Praha 7 (art. 77 of GDPR).

Data Protection Officer

The Data Protection Officer for the whole Public Prosecution System is Ing. Petr Fukan, you may contact him with your questions regarding personal data processing and with your possible incentives and objections. Delivery address: Prosecutor General’s Office, Jezuitská 4, 660 55 Brno, e-mail: poverenec@nsz.brn.justice.cz, data mailbox ID: 5smaetu

Processing of personal data within the frame of criminal competence of District Public Prosecutor’s Office in Benešov

In relation to processing of personal data within criminal competence of the Prosecutor General’s Office, you may exercise the following rights:

  • right to access to personal data (Section 28 of PDPA): you have the right to access your personal data and to be informed what personal data do we process and for what time, what is the purpose of processing and who has access to the personal data, or what are the sources of the personal data.
  • right to rectification and completion (Section 29 (1) of PDPA): if you find out we process incomplete or inaccurate personal data about you, you have the right to its rectification, supplementation or to make subsequent declaration.
  • right to erasure (Section 29 (2) of PDPA): we will delete personal data concerning you personally upon your request in case the principles of personal data processing according ot Section 25 of PDPA or another legal enactment or restriction of processing of certain categories of personal data have been breached or if we have an obligation to erase the personal data.
  • right to restriction of processing (Section 29 (3) of PDPA): we will restrict processing of your personal data instead of rectification or erasure by attaching a special label thereto in case you dispute accuracy of the data (and we cannot ascertain, whether this data is accurate) or if the data must be retained for evidentiary purposes.
  • right to file a submission to the Separate Section for Supervision over Personal Data Processing of the Prosecutor General’ Office, seated at the address na adrese Jezuitská 4, 660 55 Brno (Section 12l of the Act no. 283/1993 Coll., on Public Prosecutor’s Office), which monitors the compliance of the procedure of all Public Prosecutor’s Offices with the applicable legislation in the area of personal data protection, whereas the competence of the supervisory authority is precluded. If the Prosecutor General’s Office finds any shortcomings in this area, it will order rectification measures.

Your request for exercising the rights above may be declined, or granted only partially, if granting the request in full would endanger the interests protected by the law, consisting in performing the tasks of prevention and detection of crime and securing public order, course of proceedings on an administrative oofense, disciplinary offense or conduct showing the attributes of administrative offense, protection of confidential information or legitimate interests of third parties. For instance, we will not provide information from pending criminal cases or from the Central Record of Prosecuted Persons to you.

Separate Section for Supervision over Personal Data Processing

Prosecutor General’ Office, Jezuitská 4, 660 55 Brno, e-mail: dohledZOU@nsz.brn.justice.cz, data mailbox ID: 5smaetu

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