Legal analysis of the law
- Title of the law and Official Gazette number (last change or modification)
Law on Dwelling (“Official Gazette of the Republic of Macedonia“ n.99/2009; 57/2010; 36/2011; 54/2011; 13/2012; 55/2013; 163/2013 and 42/2014)
- Does the Law envisage processing of personal data and in what type of Collection? (Evidence, Register, Database)
Statute of the tenant’s community envisages Evidence of tenants.
Evidence of video surveillance.
- What is the purpose of collecting personal data? Is that purpose clear?
Regulation of common dwelling.
- What categories of personal data are collected? Is the scope in compliance with the purpose?
Name and address of the Community of tenants, personal name and address i.e name and address of the separate parts – members of the community, data for the separate parts contained in the real estate cadastre (property list), decision making process of the Community of tenants, manner of selection of president and his competencies and manner of fulfillment of the obligations of the community.
The scope of personal data processed regarding the Law on Dwelling is in compliance with the purpose of the processing but the practice shows that on the Information Boards in the buildings a wider scope of data has been published than it should. In the Law on Dwelling there is no provision that stipulates publishing of data (name and surname) of tenants who paid for the maintenance and this is not in line with the LPDP.
Installation of video surveillance is upon consent of 100 % of the tenants.
- Who collects the personal data at first instance? (company, institution)
Tenant’s community.
- Is the Consent of the data subject for personal data protection envisaged by this law?
For publication of data on a Information Board.
For video surveillance.
- Is the keeping period of personal data clearly defined?
Keeping period of personal data is envisaged 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?
Although it is stipulated that the Law on Dwelling should be in compliance with the LPDP, there is no provision for the obligation for adopting documentation for technical and organizational measures for secrecy and protection of personal data.
- Is the processing of personal data prescribed by this law connected to implementation of another law?
Law on Real Estate Cadastre
- Are there any examptions for processing of sensitive data? (PIN, biometrics, video surveillance)
Biometrics – video surveillance materials (upon consent of 100% of the tenants).
Copy of ID card.