Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Records in the Field of Labor (“Official Gazette of the Republic of Macedonia“ n.16/2004; 102/2008; 17/2011; 166/2012 and 11/2013)
- Does the Law envisage processing of personal data and in what type of Collection (Evidence, Register, Database)?
The law envisages the processing of personal data in the following forms:
Records of employers;
Records of beneficiaries of public funds from the Employment Service Agency;
Records of employed workers;
Records of the need of workers;
Records of unemployed persons and other job seekers;
Records of salaries;
Records of work-related injuries;
Records of strikes;
Records of the citizens of the Republic of Macedonia working abroad;
Records of the offer of foreign employers for employing citizens of the Republic of Macedonia abroad;
Records of foreign citizens and persons without citizenship employed in the Republic of Macedonia;
Records of the insured persons and the health insured persons;
Records of the members of the family of citizens of the Republic of Macedonia working abroad – users of health protection, and
Records of the users of the rights to disability insurance.
- What is the purpose of collecting personal data? Is that purpose clear?
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Categories of personal data are precisely defined for every record separately. The practice however shows that employer collects and keeps copy of the ID card of the employees in several records and this is considered as a processing with no legal base and it is not in compliance with the personal data protection principles.
- Who collects the personal data at first instance? (company, institution)
Pension and Disability Insurance Fund
Health Insurance Fund
- Is the Consent of the data subject for personal data protection envisaged by this law?
No, but part of the personal data can be optionally collected. Ethical origin is personal data that should be optionally collected (upon consent of the employee).
- Is the keeping period of personal data clearly defined?
Yes. Records on employed workers and Records on salaries are kept permanently but for the rest of the Records containing personal data a connection to the Law on Archives should be done.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
No. A provision for implementation of technical and organizational measures for secrecy and protection of personal data should be added as it is done in the Law on labor Relations.
„The personal data of the employees can be collected, processed, used and delivered to third parties only if so defined by this or another law, or if it is necessary for the purpose of fulfilling the rights and obligations arising from, or related to, employment.
The personal data of the employees can be collected, processed, used and delivered to third parties only by the employer or the employee who is particularly authorized by the employer thereof.
If there is no legal basis for further collection of personal data of employees, they must be immediately deleted and not used anymore.
The provisions shall also apply to personal data of job candidates.“
The obligation for the employer to adopt and implement documentation for technical and organizational measures for secrecy and protection of personal data is also one of the needed modifications of this law especially for authorization of the access to employee’s data by the employer.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Labor Relations
Law on Archives
Law on Obligation Relations
- Are there any examptions for processing of sensitive data? (PIN, biometrics, video surveillance)
Yes, the PIN is an obligatory element of the employment agreement.
Ethnic origin is personal data that should be optionally collected (upon consent of the employee).