Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Pension and Disability Insurance – (“Official Gazette of the Republic of Macedonia“n. 98/2012, 166/2012, 15/2013, 170/2013, 43/2014, 44/2014, 97/2014, 113/2014 and 160/2014)
- 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 form of a primary register.
- What is the purpose of collecting personal data? Is that purpose clear?
Exercising the right to pension and disability insurance.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Primary Register – personal data of the insured, users of pension and disability insurance, estimation records based on the PIN of the insured.
- Who collects the personal data at first instance? (company, institution)
Pension and Disability Insurance Fund.
- 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?
Regarding the Law on Pension and Disability Insurance, keeping period of the data contained in the evidence is defined “at least for 30 years from the moment the right of insurance has been gained and at least for 40 years form the last input of personal data of the subjects that have not gained the right of insurance”. Precise definition of the keeping period should be done in this law.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
No. Additional provision for the technical and organizational measures is needed not only for the internal procedures of the Pension and Disability Insurance Fund but as well as for sharing data with other subjects and keeping evidence for these operations.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Insurance Supervision.
Law on State Statistics.
- Are there any exceptions for processing of sensitive data? (PIN, biometrics, video surveillance)
Health data.