Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Records of Births, Deaths and Marriages (“Official Gazette of the Republic of Macedonia“ n. 8/1995; 38/2002; 66/2007; 98/2008; 67/2009; 13/2013 and 43/2014)
- 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 collections:
Register of Births;
Register of Marriages;
Register of Deaths.
- What is the purpose of collecting personal data? Is that purpose clear?
Keeping and maintenance of Registers of births, deaths and marriages.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
The following data shall be entered in the register of births:
Data on the birth of the child, that is: name and surname, child’s gender, hour, day, month, year and place of birth of the child; citizenship; and personal identification number, data on the child’s parents, that is: name and surname (including the mother’s maiden name); day, month, year and place of birth, nationality; citizenship, personal identification number, place of permanent residence and address, acknowledgement of paternity, establishment of paternity or maternity, legitimating, adoption and termination of adoption, guardianship and termination of guardianship, conclusion, dissolution or annulment of marriage, change of parent’s, that is, adoptive parent’s personal name, change of child’s citizenship, death or presumption of death.
The following data shall be entered in the register of marriages:
Data on conclusion of the marriage, that is: name and surname of the spouses, day, month, year and place of birth, personal identification number, citizenship; nationality, place of permanent residence and address of the spouses, day, month, year and place of conclusion of their marriage, and statements of the spouses for their surname, name and surname of the spouses’ parents, name and surname and place of permanent residence of the witnesses to the conclusion of the marriage, name and surname of the official present at the conclusion of the marriage and name and surname of the registrar, annulment or dissolution of the marriage, name and surname and place of permanent residence of the attorney-in-fact, provided that one of the spouses has been represented by an attorney-in-fact at the marriage conclusion and changes in the name and surname of the spouses.
The following data shall be entered in the register of deaths:
Data on the death, that is: name and surname of the deceased, the surname before conclusion of marriage, sex, hour, day, month, year, and place of death, day, month, year, and place of birth, marital status before death, citizenship, nationality, place of permanent residence, and address, name and surname of the spouse and his/her surname before conclusion of the marriage, if the deceased was married, name and surname of the parents of the deceased, name and surname and place of permanent residence of the person who has reported the death, that is, name of the organization that has reported the death and presumption of death and data on the death that is proved during a court procedure.
- Who collects the personal data at first instance? (company, institution)
Directorate for Keeping Records of Births, Deaths and Marriages.
- 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?
It is not clearly defined.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
No but Article 29 and 30-a stipulate that internal procedures for protection of the Registers. Adding a provision that regulates implementation of technical and organizational measures for secrecy and protection of personal data is needed.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Internal Affairs.
Laws that regulate issuing of personal documents.
- Are there any exemptions for processing of sensitive data? (PIN, biometrics, video surveillance)
PIN.