Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Real Estate Cadastre (“Official Gazette of the Republic of Macedonia“ n.55/2013, 41/2014 and 115/2014)
- Does the Law envisage processing of personal data and in what type of Collection? (Evidence, Register, Data Base)
Geodetic cadastral information system.
Property list.
- What is the purpose of collecting personal data? Is that purpose clear?
Managing cadastral activities.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Categories of personal data that are collected in the geodetic cadastral information system are not clearly defined.
Categories of personal data that are being collected in the Property List are:
The cadastre parcels, the buildings, separate and common parts of buildings and other objects, the real property right holders, with their address data, as well as data for the Personal Identification Number of the Citizen, i.e. the Entity, the ownership right and other real property rights as well as any other rights whose registration is stipulated by Law, the legal basis for registration, the date and time of the registration and the application number according to which the registration is performed, the ceiling of the loan granted with the collateral right, the conditional registration, the temporary registration.
- Who collects the personal data at first instance? (company, institution)
Agency for Real Estate Cadastre.
- 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?
Only for the video surveillance – 30 days.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
The Agency shall undertake legal, organizational and technologic procedures and measures to secure and protect the GCIS data in order to prevent illicit acquisition, processing, safeguarding, use or transfer of data, accidental or intentional change or destruction of the data, as well as illegal reallocation of the data outside the Agency’s premises. The information infrastructure of the Agency provides a strictly controlled access to GCIS with a different level of accessibility.
The GCIS data shall be used only for the intent for which they have been issued without changes to the form and the content. The GCIS data may be used by the interested entities also for forming new products with added value, with the objective of achieving commercial objectives. The manner of use of the data shall be defined with a separate contract to be signed by the Director of the Agency with the individuals managing the interested entities.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Dwelling.
- Are there any exemptions for processing of sensitive data? (PIN, biometrics, video surveillance)
PIN.
- Is there an opinion issued by the DPDP regarding this law and is that opinion taken into consideration?
Article 155 stipulates anonimization of the PIN when issuing the Property List to third person. This Modification was made upon an Opinion issued by the Directorate for Personal Data Protection.