Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)?
Law on Litigation Procedure („Official Gazette of the Republic of Macedonia“ no. 79/2005, 110/2008, 83/2009 and 116/2010)
- Does the Law envisage processing of personal data and in what type of Collection? (Evidence, Register, Database)?
- What is the purpose of collecting personal data? Is that purpose clear?
For the litigation procedure.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Name and surname backed up with proof of identity, residence or domicile of the parties or company, or the names and locations of the legal entity registered in the Trade Register of the Republic of Macedonia or another registry backed up by evidence from said registery, their legal representatives and proxies, if any, the subject of the dispute, the claim of the dispute, the content of the statement and signature of the applicant or electronic signature, e-mail address and contact telephone number.
The party in the petition is required to specify the unique identification number (PIN).
The scope is appropriate except for underpinnings with proof of identification. This formulation allows double interpretation, and leaves room for keeping copies of personal documents which is not in accordance with the principles of protection of personal data.
- Who collects the personal data at first instance? (company, institution)
- Is the Consent of the data subject for personal data protection envisaged by this law?
- Is the keeping period of personal data clearly defined?
According to the Law for Filing.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
- Is the processing of personal data prescribed by this law connected to implementation of another law?
- Are there any exceptions for processing of sensitive data? (PIN, biometrics, video surveillance)