Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Labor Relations (“Official Gazette of the Republic of Macedonia“ n.62/2005; 106/2008; 161/2008; 114/2009; 130/2009; 149/2009; 50/2010; 52/2010; 124/2010; 47/2011; 11/2012; 39/2012; 13/2013; 25/2013; 170/2013; 187/2013 and 113/2014)
- 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:
Record of registration and de-registration forms;
Record of unemployed persons;
Record of part time employees;
Record of full time employees;
Record of over time work;
Employment agreements;
Termination of employment agreements.
- What is the purpose of collecting personal data? Is that purpose clear?
Labor Relations Rights.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Categories of personal data are defined by the Law on Records in the Field of Labor.
- Who collects the personal data at first instance? (company, institution)
Employment Agency
Pension and Invalid Fund
Health Insurance Fund
Employer
- Is the Consent of the data subject for personal data protection envisaged by this law?
No.
- Is the keeping period of personal data clearly defined?
Yes. The records of registration and deregistration forms are kept permanently but for the other personal data collections a connection to the Law on Records in the Field of Labor has to be established.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
Article 44- 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 referred to in paragraphs (1) and (2) of this Article shall also apply to personal data of job candidates.
Specific provision on the technical and organizational measures for secrecy and protection of personal data is needed in order to regulate the authorization of the access to the employees personal data.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Archives
Law on Contractual Relations
- Are there any examptions for processing of sensitive data? (PIN, biometrics, video survelliance)
Yes, the PIN is an obligatory element of the employment agreement.