Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)?
Law on Higher Education („Official Gazette of the Republic of Macedonia“ no. 35/2008; 103/2008; 26/2009; 83/2009; 99/2009; 115/2010; 17/2011; 51/2011; 123/2012; 15/2013; 24/2013; 41/2014; 116/2014 and 130/2014)
- Does the Law envisage processing of personal data and in what type of Collection? (Evidence, Register, Database)
Higher education institutions run the following records with personal information about students:
1) records of candidates for enrollment and enrolled students;
2) personal file is run for each student from the start of the studies to the completion of studies or to write-off;
3) a record of the examination which registers the application for the exam, the exam itself and the achieved evaluation, and
4) records of issued documents for completed studies.
- 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?
The records include: the name and surname of the student (for female students maiden name also), sex, place and date of birth, country of birth, residence or domicile, PIN, citizenship, previously gained education, mode of studying and other data related to relevant regulations. Records from paragraph 1, item 2 of this Article shall also include information on examinations, the progress and graduation.
Records “record”: the name and surname of the student (for female students maiden name also), gender, PIN, mode of study, year of study and academic year of first registration, date of examination, data on whether the examination was taken for the first time or repeated, as well as the grade of the examination.
- Who collects the personal data at first instance? (company, institution)
The institution for higher education
Ministry of Education and Science
- Is the Consent of the data subject for personal data protection envisaged by this law?
- Is the keeping period of personal data clearly defined?
It is not clearly defined for all collections.
Registry of students and the general ledger graduates are documents of permanent value.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
Article 119 – one provision.
The provisions relating to the conduct, use and retention of personal data from the records after this law are used for documentation as well, on the same basis on which the personal data was gathered. The documents for previous education are returned to the student after the enrollment procedure is completed.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Archives.
- Are there any exceptions for processing of sensitive data? (PIN, biometrics, video surveillance)
PIN ; Medical records.