LAW OF THE REPUBLIC OF MOLDOVA

of October 10, 2013 No. 229

About approval of National strategy in personal data protection for 2013 - 2018 and the Action plan on its implementation

The parliament adopts this ordinary law.

Art. 1. - Approve:

- National strategy in personal data protection for 2013 - 2018, according to appendix 1;

- The action plan on implementation of National strategy in personal data protection for 2013 - 2018, according to appendix 2.

Art. 2. - To the government to bring national programs and action plans into accord with the tasks and priorities provided in Strategy.

Art. 3. - To the national center for personal data protection to perform monitoring of process of implementation of Strategy in personal data protection for 2013 - 2018 and to annually submit the parliamentary profile commission activities reports on accomplishment of the measures provided in the Action plan.

Appendix 1

National strategy in the area are sewn up personal data for 2013 - 2018

Introduction

National strategy in personal data protection for 2013 - 2018 (further - Strategy) is the main document the politician, considering problems in the field of personal data protection, determines tools for the solution of the existing problems and analyzes their influence on the personality in particular and on the state in general.

In the document the medium-term purposes and tasks on ensuring proper level of personal data protection by expansion of dialogue with concerned parties in public and private sectors for the purpose of increase in level of awareness of need of implementation of measures for personal data protection, by increase in awareness of persons on their rights as subjects of personal data, including by development and enhancement of the legal, institutional and social components necessary for use of potential benefits are established.

Strategy provides the following priority directions of development:

a) strengthening of the legal base, institutional and social bases for the purpose of protection of basic rights and freedoms of physical persons regarding processing of personal data, in particular, the right to immunity of intimate, family and private life enshrined in article 28 of the Constitution of the Republic of Moldova;

b) creation of the mechanisms necessary for enforcement of the Marine life protection act of personal data No. 133 of July 8, 2011, and also applications by controllers and processors of provisions of this legal act;

c) notification of subjects of personal data about their rights and about the existing tools for adoption of decisions on use and disclosure of information of personal nature relating to them by them;

d) strengthening of institutional capacity of the National center for personal data protection of the Republic of Moldova (further - the Center) given authority on control of compliance of processing of personal data to requirements of the law for the purpose of ensuring functionality, independence and impartiality of this national authority.

Development of Strategy was performed taking into account the existing regulatory base, existing the politician, the principles of the best European the practician and specific features of area of personal data protection in the Republic of Moldova.

At the same time opinions and recommendations of the European experts stated within the research "Personal Data Protection in the context of Dialogue on Liberalization of Visa Regime and Negotiations on the Agreement on Association between the European Union and the Republic of Moldova", and also the project of cooperation of the European Union with the Republic of Moldova "Support of the Government of Moldova in spheres of fight against corruption, reforming of the Ministry of Internal Affairs, including police, and personal data protection" (MIAPAC) were considered.

Step-by-step implementation of the actions provided by Strategy will promote creation of the strong and complete system guaranteeing human right on personal data protection, providing growth of trust to system of services online as to basic element of development of potential of digital economy that will lead to stimulation of economic growth, and also intensification of cross-border exchange of personal data.

In Strategy the concepts determined in the Marine life protection act of personal data No. 133 of July 8, 2011, Safety requirements of personal data in case of their processing in information systems of the personal data approved by the Order of the Government No. 1123 of December 14, 2010 and Regulations on the Register of accounting of controllers of personal data approved by the Order of the Government No. 296 of May 15, 2012 are used.

Chapter I Current situation, determination of problems and main tendencies

Part 1. Current situation

Aspirations of the Republic of Moldova to the European integration determine need of harmonization of the national legal system in the field of personal data protection with the European legislation for the purpose of providing equivalent existing in the European Union of level of protection and observance of the rights of subjects when processing of the personal data relating to them.

Nevertheless, the current situation is characterized by set of difficult changes, not fixed transformations, lack of institutional base and industry regulatory bases, availability of uncertainty concerning procedure of some powers concerning personal data protection.

In spite of the fact that now the national legal system in the field of personal data protection corresponds European, process of harmonization of the legislation shall be continuous and follow permanent evolutionary changes of this area.

Now, contrary to availability of the regulatory base, each controller of personal data determines own security policy (or in general ignores this aspect), which in most cases does not meet the imposed requirements. Proceeding from it, there is danger of unauthorized access to systems of accounting of personal data and illegal transactions on processing of such data or violations by other methods of the principles of confidentiality of data.

Actually, significant amount of the subjects processing personal data (controllers or processors) without knowledge of the legislation in the field and obligations on ensuring confidentiality and safety of the processed personal data was revealed.

Physical persons daily appear in situations when bank institutions, travel agencies, medical institutions, service providers of telephony and the Internet, etc. widely use personal data, often abusing amount and categories of the collected data, roughly violating the rights provided by the Marine life protection act of personal data. Subjects are not informed properly on the purpose of collection and processing of the personal data relating to them. Particular case is processing of the personal data relating to minors.

Though in the European Union the level of personal data protection is much higher than in the Republic of Moldova, results of researches and reports on personal data protection in the European space show, as in Europe there are problems which should be solved and which should be considered.

So, according to Eurobarometer No. 359 implemented in 2011 about the relation of citizens to data protection and electronic identification, three from four Europeans disclose personal data in the daily activities, but at the same time are concerned by how the companies, including search engines and social networks, use information containing their personal data.

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