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The office for Personal Data Protection Republic of Macedonia

Contents:
  1. The legal ground for the protection of personal data in the Republic of Moldova
  2. The legal position of the National Center for Personal Data Protection
  3. The legal rights of the Director of the National Center for Personal Data Protection
  4. Limitations of National Center for Personal Data Protection Authority
  5. Contact information
1. The legal ground for the protection of personal data in the Republic of Moldova

The Republic of Moldova adopted the Law no. 17-XVI of 15.02.2007 on the personal data protection after almost eight years from the date of ratification of the Convention no. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data. After this fact, the instruments of ratification of the Convention no. 108 were deposited on 28 February 2008 and the treaty entered into force for the Republic of Moldova on 01.06.2008.

According to the Law Nr. 17-XVI of 15.02.2007 on personal data protection, the authority responsible for the control over the compliance of personal data processing with the present law provisions in the Republic of Moldova is the National Center for Personal Data Protection. For the implementation of this law, there was adopted the Law Nr. 182-XVI of 10.07.2008 regarding the approval of the Statute, structure, staff-limit and financial arrangements of the National Center for Personal Data Protection.

Article 3 of the Law on personal data protection stipulates that the legislation in the field of personal data processing consists of the Constitution of the Republic of Moldova (Chapter II: Fundamental Rights and Freedoms, Article 28), Convention no. 108, Additional Protocol to the Convention no. 108, other international treaties the Republic of Moldova is party to, the present law and other normative acts.

For full text of the Law on Personal Data Protection and for other legal acts concerning data protection in the Republic of Moldova, see: www.datepersonale.md

The Constitution of the Republic of Moldova

Article 28. Intimate, family and private life
The State shall respect and protect intimate, family and private life.

2. The legal position of the National Center for Personal Data Protection

The National Center for Personal Data Protection, hereinafter named as the Center, is an autonomous public authority, independent of other public authorities, natural persons and legal entities, which exercise its legally awarded attributions by the Law nr.17-XVI of 15 February 2007 on personal data protection.

In order to carry out the control in the field of personal data processing, the Law Nr.17-XVI establishes the following competences for the Center:
  • supervises the observance of the legislation on information protection and controls its enforcement, in particular the right to information, access, correction, appeal or removal of data;
  • offers necessary instructions for adjusting the personal data processing in accordance with the present law's principles, without affecting the field of competence of other bodies;
  • examines the personal data subjects` addresses on compliance of the personal data content and the processing methods with the processing purposes and undertakes the relevant decisions;
  • presents information to personal data subjects on their rights regarding their personal data processing;
  • requires necessary information for the performance of its duties and receives free of charge this information from legal entities and natural persons;
  • realizes the control of information on personal data processing or involves in such kind of control other public authorities within their competence;
  • requires from the personal data holder the adjustment, blocking or destruction of the invalid or illegally obtained personal data;
  • undertakes necessary measures, in the way provided by the law, on suspension or stopping of the personal data processing, performed by violation of the present law's requirements;
  • addresses requests to judicial authorities for protecting the rights of the personal data subjects and represents their interests in the courts;
  • keeps the register of the personal data holders;
  • obtains from the personal data holders the necessary support and information for carrying out the Center's attributions;
  • draws up reports on the violation of the present law, in the way established by the law;
  • transmits to prosecuting bodies and other law enforcement bodies the materials for decision making on beginning criminal prosecution in case of delinquency indicators` presence regarding the violation of the rights of personal data subjects according to competences;
  • informs the public authorities, as well as personal data subjects, on the basis of their petitions and interpellations, on the existing situation in the field of protection of personal data subjects` right;
  • informs periodically the institutions and society about its activity, about the priority problems and concerns in the field of rights protection of the person;
  • other functions provided by the law.
3. The legal rights of the Director of the National Center for Personal Data Protection

According to the Law Nr. 17-XVI of 15.02.2007 on personal data protection the Center is led by a Director, appointed by the Parliament by the majority of votes of the elected deputies on the proposal, depending on the case, of the Chairman of the Parliament, a parliamentary fraction or at least 15 deputies, for a 5 year mandate. The Director exercises the general leadership of the Centre, co-ordinates the employees' activity, hires and fires the staff of the Centre, determines official duties of the employees, organizes preparation of annual reports and presents them in the plenary session of the Parliament, represents the institution in the country and abroad. Every person, that has the citizenship of the Republic of Moldova, graduated a faculty of law and has at least 5 years of professional experience in the domain of human rights and liberties protection, may be appointed as the Director. As to the Law no. 182-XVI of 10.07.2008 regarding the approval of the Statute, structure, staff-limit and financial arrangements of the National Center for Personal Data Protection, the Director of the Center exercises the following duties:
  1. organizes and coordinates the activity of the Center;
  2. monitors the means of application of the legislation on personal data protection;
  3. ensures that the personal data holders and the persons concerned during the processing of personal data are informed on their rights and obligations;
  4. signs warnings and prescriptions, decisions on suspending, stopping of the processing, partial or total erasure of the data processed with legislative violations;
  5. addresses requests to judicial authorities for protecting the rights of the personal data subjects and represents their interests in the courts;
  6. signs financial and banking documents, as well as reports of the Center and has personal responsibility for the economical and financial activity of the Center;
  7. approves internal regulations of the Center;
  8. employs and discharges the staff of the Center;
  9. approves the functional duties of the Center's personnel;
  10. establishes for the staff of the Center, according to the provisions of the law in force, the functions salaries, resolves the items dealing with the pay rise and with granting bonuses;
  11. grants vacations for the staff of the Center;
  12. applies disciplinary sanctions to the Center's personnel;
  13. solves questions regarding the professional development of the staff of the Center, schooling, and delegating to official trips;
  14. ensures the cooperation with central and local public authorities, with mass media, civil associations, as well as with similar foreign institutions.
4. Limitations of the National Center for Personal Data Protection Authority

  1. When depositing the instrument of ratification of the Convention no. 108 by the Permanent Representative of the Republic of Moldova to the Council of Europe on 28 February 2008, Declarations were noticed regarding the area of enforcement of this treaty and the competent supervisory authority, which were reflected, subsequently, in the Law on personal data protection. Thus, it has been declared that in accordance with Article 3, paragraph 2.a, of the Convention no.108, the Republic of Moldova will not apply the provisions of the Convention to the following categories of personal data:
    1. which are processed by individuals exclusively for their personal and family use provided that the rights of the personal data subjects are not violated;
    2. which are subject, in the established way, to the legal regime on information which constitutes a State' s secret.
  2. The Law on personal data protection has individualized the status of the competent national authority in order to exercise the control in the field of personal data protection, including, among other skills, the power to establish minutes of the law infringement, in the manner prescribed by law.

    Despite this, there were not introduced sanctions for breaking the Law on personal data protection in the Code of Contraventions of the Republic of Moldova, approved through the Law no. 218-XVI of 24.10.2008, and the Center does not fall under the list of the agents of findings provided by Articles 400-423, Code of Contraventions, which, in accordance with the provisions of Article 385(2) of the same Code, would be empowered with responsibility for finding a contravention and drawing up minutes.
5. Contact

National Center for Personal Data Protection
48, Serghei Lazo str.,
MD-2004, Chisinau,
Republic of Moldova

Phone: +373/22/820801
Fax: +373/22/820807
e-mail: centru@datepersonale.md
web sites: www.datepersonale.md


  The administrator of this web site is:
Inspector General for the Protection of Personal Data
ul. Stawki 2; PL-00-193 Warszawa
Phone: +48 22 8607081, Fax: +48 22 8607090