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BY THE FINNISH DATA PROTECTION AUTHORITY: Supreme Administrative Court – Termination Of Employment Of The Head Of The Åland Data Protection Authority

BY THE FINNISH DATA PROTECTION AUTHORITY: Supreme Administrative Court – termination of employment of the head of the Åland Data Protection Authority

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The Supreme Administrative Court has annulled the decision of the Åland provincial government to terminate the employment of the head of the Åland Data Protection Authority after a probationary period, as the decision was not in accordance with the provisions of the General Data Protection Regulation (GDPR). The termination of employment after a probationary period could not be considered in compliance with the GDPR’s minimum term requirement.

The Administrative Court of Åland appointed the chairman of the Data Protection Authority for a period of one year. The head was not offered a permanent position at the end of the probationary period, meaning that the mandate ended immediately after this phase. The president himself sought the annulment of the decision before the Supreme Administrative Court.

The role of the Supervisory Authority is governed by the EU Charter of Fundamental Rights and the General Data Protection Regulation. The minimum term of office requirement in the GDPR places limits on national provisions on probationary periods and their application.

As the employment relationship of the head of the Data Protection Authority and its termination had not been assessed according to the provisions of the GDPR, the Supreme Administrative Court held that the decision to terminate the employment relationship should be annulled and the matter referred back to the provincial government for reconsideration.

SOURCE: FINNISH DATA PROTECTION AUTHORITY

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