Legal analysis of the law

1. Title of the law and Official Gazette number (last change or modification)

Law on Employment and Insurance Against Unemployment (“Official Gazette of the Republic of Macedonia“ n.37/1997; 25/2000; 101/2000; 50/2001; 25/2003; 37/2004; 4/2005; 50/2006; 29/2007; 102/2008; 161/2008; 50/2010; 88/2010; 51/2011; 11/2012; 80/2012; 114/2012; 39/2014; 44/2014 and 113/2014)

2. 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 unemployed persons;

Register of persons with temporary inability for employment;

Register of participants in programs of active employment policies;

Register of job-seekers;

Register of beneficiaries of public funds from the Agency and persons/entities implementing measures anticipated by this and other law.

3. What is the purpose of collecting personal data? Is that purpose clear?

Labor Relations Rights.

4. What categories of personal data are collected? Is the scope in compliance with the purpose?

Categories of personal data are precisely defined for every record separately with the Law on Records from the Field of Labor and in this Law.

The practice however shows that employer collects and keeps copy of the ID card of the employees in several records and this is considered as a processing with no legal base and it is not in compliance with the personal data protection principles.

Ethical origin is personal data that should be optionally collected (upon consent of the employee).

5. Who collects the personal data at first instance? (company, institution)

Employment Agency.

6. Is the Consent of the data subject for personal data protection envisaged by this law?

Yes, on the marital status.

7. Is the keeping period of personal data clearly defined?

The data shall be kept:

• in the register of unemployed persons 50 years after the data are entered
• in the register of temporary unemployed persons five years after the data are entered
• in the register of persons participating in programs for active employment policies ten years after the data are entered
• in the register of registered job-seekers five years after the data are entered and
• in the register of beneficiaries of public funds from the Agency and persons/entities implementing measures anticipated by this or another law ten years after the data are entered

After the expiry of the periods stated in paragraph 1 of this Article, the data shall be dealt with in accordance with the regulations that regulate the actions of competent bodies concerning dealing with and storing archive and documentation materials.

8. Does the law contain separate provision for personal data protection that clearly states the implementation of technical and organizational measures?

Yes, in Article 61:

The Agency shall collect data necessary for fulfilling its responsibilities, defined by law, directly from the person to whom the data refer and from the records kept in the following bodies: Public Revenue Office, Health Insurance Fund of Macedonia, Fund for Pension and Disability Insurance of Macedonia, social service centers, State Labor Inspectorate, Central Register of the Republic of Macedonia, the Supreme Court of the Republic of Macedonia and from other bodies and institutions that keep records, defined or kept on the basis of a law, and which are necessary for fulfillment of the responsibilities of the Agency.

The Agency may link the records, kept in accordance with this Law, with the records kept in the bodies referred to in paragraph 1 of this Article.

For the purpose of implementing measures, the persons/entities implementing active measures may obtain information from the Agency whether a certain person is entered in the register of unemployed persons and other data necessary for implementation of the measures, as well as personal data that refer to the purpose of implementation of the measures.

The persons exercising rights according to this Law shall be obliged to notify the Agency and other persons/entities implementing measures about all changes that affect the acquisition, revocation or loss of the rights, within a period of eight days as the change occurs.

The Agency may transfer personal data from the records kept under this Law, to administrative and other state bodies, bodies of the local self-government units, for the purpose of fulfilling the responsibilities defined by law, provided that the law prescribes collection of personal data by the Agency, in accordance with the regulations on personal data protection.

The insight in the data of the persons they have been obtained from, the obligation to submit change of personal data and correction of personal data shall be in accordance with the regulations on personal data protection.

9. Is the processing of personal data prescribed by this law connected to implementation of another law?

Law on Labor Relations

Law on Archives

Law on Obligation Relations

10. Are there any examptions for processing of sensitive data? (PIN, biometrics, video surveillance)

Yes, the PIN is an obligatory element of the employment agreement.

Ethical origin is personal data that should be optionally collected (upon consent of the employee).

Law recommendations / Download link .pdf (mk) / Back to the analysis