Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)?
Law on Special registry for persons convicted by a final ruling for crimes of sexual abuse of minors and pedophilia („Official Gazette of the Republic of Macedonia“no. 11/2012 and 112/2014)
- Does the Law envisage processing of personal data and in what type of Collection? (Evidence, Register, Database)
Register for persons convicted of crimes of sexual abuse of minors and pedophilia.
- What is the purpose of collecting personal data? Is that purpose clear?
Providing protection of children from sexual abuse, pedophilia and trafficking of minors through the availability of information for people who live in their environment, and who have been convicted of crimes related to the sexual abuse of minors, pedophiles and trafficking in minors.
The goal is not in accordance with the principles of protection of personal data in terms of availability of information. The practice in countries where such registries are established is the availability of the same to be limited, or, access to the registries be provided to kindergartens, schools, orphanages, boarding schools.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
The register contains the following data on persons convicted by a final rulling for criminal offenses:
– name and surname,
– date of birth,
– address of residence or domicile,
– the crime for which convicted,
– the amount of the penalty,
– date of commencement of serving the sentence,
– date of termination of serving the sentence,
– changes in the imprisonment,
– date of dismissal of imprisonment,
– date of removal from the registry,
– photograph and
The scope of the data contained in the registry would be appropriate if access is restricted. In this case, when the register is publicly available it is necessary to reduce the volume of personal data (initials, year of birth, street address).
- Who collects the personal data at first instance? (company, institution)
Ministry of Labor and Social Policy
Public institution for Social Activities
- Is the Consent of the data subject for personal data protection envisaged by this law?
- Is the keeping period of personal data clearly defined?
If the person does not repeat the crime for which it was convicted or does other crimes specified in this law for a period of ten years after the sentence for which he was sentenced, the data may no longer be publicly available.
What is against the principles of protection of personal data is that the exemption from the public register is on request of the person. The controller should seize the data after the deadline, regardless of whether the person requested or not.
- 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?
The Criminal Code of the Republic of Macedonia.
- Are there any exceptions for processing of sensitive data? (PIN, biometrics, video surveillance)