ORDER OF THE NATIONAL CENTER OF SOFTWARE TO PERSONAL DATA PROTECTION OF THE REPUBLIC OF MOLDOVA

of July 10, 2024 No. 25

About approval of the Regulations on check of legality of personal data processing

According to provisions of Art. 26 of the item (2) Law No. 133/2011 on personal data protection (Official monitor of the Republic of Moldova No. 170-175/492 of 14:10. 2011) I ORDER:

1. Approve Regulations on check of legality of personal data processing it (is applied).

2. Declare invalid the Order No. 14/2014 on approval of the Regulations on check of legality of personal data processing (The official monitor of the Republic of Moldova No. 153-159/814 of 13:06. 2014).

3. This order becomes effective from the date of its publication in the Official monitor of the Republic of Moldova.

Approved the National center for personal data protection of the Republic of Moldova of July 10, 2024 No. 25

Regulations on check of legality of personal data processing

I. General provisions

1. The regulations on check of legality of personal data processing (further - the Provision) are developed for the purpose of realization of provisions of Art. 26 of the item (2) the Law No. 133/2011.

2. The provision establishes in institution and legal framework the activities for check performed by the National center for personal data protection (further - NTsZPD), and conditions of carrying out research on site.

3. The concepts enshrined in the Law No. 133/2011 are the cornerstone of these regulations.

II. Purpose and conditions of conducting check

4. Check of legality of personal data processing (further-) is performed for the purpose of control of observance of the personal data processing performed by the controller and the processor with the conditions enshrined in the Law No. 133/2011.

5. Check is performed by the staff of NTsZPD, the equipped control functions.

6. Check is initiated based on the claim of the subject of personal data or on own initiative NTsZPD according to the procedure, established by Art. 27 of the Law No. 133/2011, in case of storage of the information/signs confirmed with proofs of existence of cases of violations of basic rights and freedoms of physical person when processing its personal data, in particular the rights to immunity of intimate, family and private life.

7. Check begins from the date of registration of the full claim directed according to provisions of Art. 60 of the item (2) litas. c), Art. 75 of the item (1) the Administrative code and Art. 27 of the item (1) the Law No. 133/2011, with removal of the direction on the beginning of check what it is reported to the applicant about.

8. NTsZPD records checks in electronic form by introduction:

1) the name (name) of person and object which is subject to check;

2) numbers and dates of the direction initiating check;

3) in case of research on site - date and number of the direction for research on site;

4) at the end of check - number and date of the passed decision on case.

9. Within check of NTsZPD can make the decision on suspension or the termination of transactions on personal data processing on persons who are engaged in business activity if the revealed violations are heavy in sense of the Law on the state control No. 131/2012.

10. When conducting check of NTsZPD requests in writing necessary information with indication of legal basis and the purpose of information request and establishes reasonable time which constitutes at least 5 working days from the moment of receipt of request during which information shall be provided, and also mentions the sanctions for failure provided by the law to provide information or documents requested by NTsZPD in the course of implementation of powers for submission of unreliable or incomplete information, and also for non-presentation of the requested information and documents in the time established by the law. The request about information representation shall contain at least the data provided litas. 5) - 8) item 12.

11. Only in case of insufficiency of the available information/signs and information for establishment of compliance with law by person which is subject to check and proceeding from interventions in the rights of the subject of data in connection with personal data processing, NTsZPD performs spot test, by the edition of the direction. The research can be on site conducted only if there are bases to believe that information/signs can be found or information on expected violation of the law on personal data protection which does not need to be proved to person which is subject to check is obtained.

12. The research is on site conducted by at least than two inspectors based on the direction signed by management of NTsZPD which shall contain, at least:

1) number and date of issue;

2) identification data NTsZPD;

3) name, surname, position of persons which will perform check;

4) bases for research on site;

5) the reference to legislation provisions based on which check is performed;

6) data on person which is subject to check (if necessary, surname and name or the name of person; the legal address / address of the checked division and its identification code, other contact information);

7) object of check;

8) the purpose and problems/questions which need to be considered/cleared;

9) period of carrying out research on site.

13. The direction on carrying out research on site is handed to the person concerning which it is performed, or to his authorized representative under list, and its copy goes to it. In case of refusal to accept and sign permission this fact is fixed in the direction on conducting check in the presence of the witness.

14. Any fact determined during the research on site shall be fixed by inspectors in the protocol.

15. During the research on site inspectors shall determine and fix in the protocol the address for correspondence (electronic/mail) on which documents on check shall be delivered.

16. In case of the circumstances interfering carrying out spot test (absence of person to the specified address, access restriction, failure in provision of required documents, etc.), these circumstances are entered in the minutes of control signed by the inspector (inspectors) and the representative of the checked person or, in case of refusal or impossibility of that presence, at least one witness with indication of its personal data. Any third party answering to the conditions provided by the law in this respect including the government employee with special status as a part of the bodies subordinated to the Ministry of Internal Affairs, except for NTsZPD can act as the witness.

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info