Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Traffic and Roads Safety (“Official Gazette of the Republic of Macedonia“ n.54/2007, 84/2007, 86/2008, 98/2008, 106/2008, 64/2009, 161/2009, 36/2011, 51/2011, 114/2012 and 27/2014)
- 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:
Record on driving licence candidates;
Record on certificates for driving licence exam;
Record on issued driving licences;
Record of revoked driving licences;
Record of performed examinations and issued certificates;
Record of negative points;
Record of issued driving booklets;
Record of video surveillance materials.
- What is the purpose of collecting personal data? Is that purpose clear?
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Categories of personal data that are processed under this law are defined by another laws and rulebooks of the Ministry of Interior.
Personal data collection which scope of personal data has to be regulated additionaly is the Record of video surveillance materials form the video surveillance of roads envisaged in Article 411 of this law.
Taking into consideration that the video surveillance is only regulated by the Law on Personal data Protection, a full compliance with the principles of personal data protection has to be done. The purpose of this processing is clear but the scope of personal data that are being collected has to be precisely defined (focus of the cameras, access to the records by the employees in MOI, manner of sharing materials with the driver/owner of the car).The law must envisage special information boards placed on the roads to announce the video surveillance.
- Who collects the personal data at first instance? (company, institution)
Ministry of Interior
- Is the Consent of the data subject for personal data protection envisaged by this law?
- Is the keeping period of personal data clearly defined?
No. Defining the keeping period is needed except for the video surveillance records which are kept for 6 months.
- Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?
Separate part for personal data protection needs to be added to this law.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Health Records
- Are there any examptions for processing of sensitive data? (PIN, biometrics, video survelliance)
Health data and video surveillance materials.