Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Health Protection (“Official Gazette of the Republic of Macedonia“ n.43/2012; 145/2012; 87/2013; 164/2013; 39/2014; 43/2014 and 132/2014)
- 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:
Basic medical documentation
- What is the purpose of collecting personal data? Is that purpose clear?
Exercising right of health protection.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
The basic medical documentation shall contain:
– personal data for the individual (PIN, data of birth, sex, name and surname, name of one of the parents, belonging to ethnical community, religion, marital status, education, occupation, date of death, address of permanent place of residence, place, municipality, occupation, employment status (economic status) and basis for health insurance),
– medical data – data on the health condition (diagnosis, date of visit, planned visits, doctor’s code, therapy, referral, reason for temporary working disability, reason for death, reason for processing and social anamnesis of the family) and
– data on medical care and other data related to patient care (nutrition and alike)
The basic medical documentation shall also include the findings, statements, opinions and other documents related to the health condition and the provided health protection.
- Who collects the personal data at first instance? (company, institution)
Ministry of Health
Health Insurance Fund
- Is the Consent of the data subject for personal data protection envisaged by this law?
- Is the keeping period of personal data clearly defined?
In the healthcare institutions, the basic medical documentation shall be kept 15 years as of the last entry of data.
The medical chart and history of disease shall be kept 15 years as of the death of the diseased.
A dental chart shall be kept permanently.
Healthcare institutions shall be obliged to keep and store the basic medical documentation in electronic form in accordance with this Law.
In the Institute for Public Health of the Republic of Macedonia and in the regional centers for public health, the processed data along with the analyses and reports shall be kept permanently in electronic form.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
For the processing, keeping, collecting and posesing personal data form the basic medical documentation the provisions of the laws regulating health records and personal data protection are applicable.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Protection of Patients Rights
- Are there any examptions for processing of sensitive data? (PIN, biometrics, video survelliance)