National Center for Personal Data Protection, Republic of Moldova
- Legal grounds for the processing of personal data in the national legislation
- The status and the legal position of national DPA
- The legal rights and the limitations of the national DPA
- Contact information
1) Legal grounds for the processing of personal data in the national legislation:
This provision are set out in Art. 5 and art 6 of Law 133 of 08.07.2011 on the protection of personal data.
Article 5. Processing of personal data
(1) Personal data shall be processed with the consent of personal data subject.
(5) The personal data subject’s consent is not required where:
- the processing is necessary for the performance of a contract to which the personal data subject is party, in order to take steps at the request of the data subject prior to entering into a contract;
- the processing is necessary for carrying out an obligation of the controller, under the law;
- the processing is necessary in order to protect the life, physical integrity or health of the personal data subject;
- the processing is necessary for the performance of tasks carried out in the public interest or in the exercise of public authority prerogatives vested in the controller or in a third party to whom the personal data are disclosed;
- the processing is necessary for the purposes of the legitimate interest pursued by the controller or by the third party to whom personal data are 4 disclosed, except where such interest is overridden by the interests for fundamental rights and freedoms of the personal data subject;
- the processing is necessary for statistical, historical or scientific-research purposes, except where the personal data remain anonymous for longer period of processing.
- the exchange of data according to the legislation in force on the exchange of data and interoperability.
Article 6. Processing of special categories of personal data
(1) The processing of special categories of personal data shall be prohibited, except for cases where:
(2) National Centre for Personal Data Protection may order, for grounded reasons, to prohibit the processing of special categories of personal data, even if the data subject has given his consent and the consent has not been withdrawn, provided that the prohibition is not removed in one of the cases referred to in paragraph (1), b) – g).
- the personal data subject has given his consent. Where the personal data subject is physically or legally incapable of giving his consent, the processing of special categories of personal data shall be carried out only with the written consent of his legal representative;
- processing is necessary for the purposes of carrying out the obligations and specific rights of the controller in the field of employment law, providing safeguards set by law, as well as taking into account that possible disclosure of the personal data processed for this purpose to a third party may take place only if there is an appropriate legal obligation of the controller, therefore;
- processing is necessary to protect the life, physical integrity or health of the personal data subject or of another person where the data subject is physically or legally incapable of giving his consent;
- processing is carried out in the course of its legitimate activities by a foundation, association or any other non-profit organization with a political, philosophical, religious or trade-union aim, and on condition that processing relates solely to the members of the body or to persons who have regular contact with it in connection with its purposes and that the data are not disclosed to a third party without the consent of personal data subjects;
- processing relates to data which are voluntary and manifestly made public by the personal data subject; f) processing is necessary to establish, exercise or defend of legal claims of the personal data subject;
- processing is necessary for the purposes to ensure national security, where the processing is unlikely adversely to affect the rights of personal data subject and the other appropriate safeguards provided for in this law.
2) The status and the legal position of national DPA:
The status and legal position of CNPDCP is provided in art. 19 paragraph (1) and (2) of Law 133 of 08.07.2011 on the protection of personal data.
Article 19. Supervisory body for personal data processing
(1) Control over compliance of personal data processing with the requirements of this law is performed by the National Centre for Personal Data Protection (hereinafter – Centre) that carries out its activity under the conditions of impartiality and independence.
(2) The Centre is a legal entity, has a stamp and a letter-head with the State Emblem of the Republic of Moldova. The Centre has its permanent address in Chisinau.
3) The legal rights and the limitations of the national DPA:
These provisions are set out in Articles 12 to 18 of Law 133 of 08.07.2011 on the protection of personal data.
Article 12. Informing the personal data subject
Article 13. The right of access to personal data
Article 14. The right of intervention upon personal data
Article 15. Exemptions and restrictions
Article 16. The right of the personal data subject to object
Article 17. The right not to be subject to an individual decision
Article 18. Access to Justice
4) Contact information:
National Center for Persomal Data Protection
Republic of Moldova, MD-2004, Chisinau,
48, Serghei Lazo Str.,