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LAW OF THE REPUBLIC OF MOLDOVA

of July 8, 2011 No. 133

About personal data protection

(as amended on 09-07-2020)

This law creates the necessary legal basis for application of the Directive 95/46/EU of the European Parliament and Council of October 24, 1995 about protection of the rights of physical persons in relation to processing of personal data and about free movement of these data.

The parliament adopts this organic law.

Chapter I General provisions

Article 1. Law purpose

The purpose of this law is ensuring protection 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.

Article 2. Scope

(1) This law regulates the legal relationship arising in processing of personal data fully or partially the automated means and also processings by the means other than the automated, personal data constituting part of system of accounting or intended for introduction in such system.

(2) Operation of this law extends on:

a), processing of personal data within activities of the controllers who are in the territory of the Republic of Moldova;

b) processing of personal data in diplomatic representations and consular establishments of the Republic of Moldova, and also other controllers who are out of the territory of the country, but in the territory where based on the international public law the domestic legislation of the Republic of Moldova is applied;

c) processing of personal data by the controllers who are out of the territory of the Republic of Moldova with use of the means which are in the territory of the Republic of Moldova, except for case when these means are used precisely for the purpose of transit transfer through the territory of the Republic of Moldova of the personal data which are subject of the corresponding processing;

d) the processing of personal data which is carried out within actions for prevention and investigation of crimes, execution of convictions and other actions according to the law within criminal trial and production on offenses.

(3) Provisions of this law extend to the handler, not excepting the rights of submission of the legal claim against the controller.

(4) Operation of this law does not extend on:

a) processing of personal data by the controller only for personal or family needs if at the same time the rights of subjects of personal data are not violated;

b) processing of the personal data carried in accordance with the established procedure to the data which are the state secret excepting stipulated in Item d) parts (2);

c) processing and cross-border transfer of the personal data connected with guilty of making of crimes of genocide, war crimes and crimes against humanity or with the victims of such crimes.

Article 3. Basic concepts

The terms and expressions used in this law have the following value:

personal data - any information connected with the identified or identifiable physical person (the subject of personal data). Identifiable person is person who can be identified directly or indirectly, in particular, by means of the reference to identification number or to one or several factors specific to its physical, physiological, mental, economic, cultural or social identity; special categories of personal data - the data opening the racial or ethnic origin of person, political convictions, religious or philosophical views, social accessory, data concerning the state of health or sex life and also the data concerning criminal penalty, enforcement procedural powers or sanctions for offenses;

processing of personal data - any transaction or set of the transactions which are carried out over personal data as the automated means, and without those, such as collection, record, organization, storage, recovery, adaptation or change, extraction, consultation, use, disclosure by means of transfer, distribution or provision of other access, group or combination, blocking, deleting or destruction;

system of accounting of personal data - any structured set of the personal data which are available according to certain criteria centralized decentralized or distributed on functional or geographical basis;

the controller - physical person or the legal entity of public or private law, including body of the public power, any other organization or the organization which independently or together with others determines the purposes and means of processing of personal data which are directly provided by the current legislation;

the handler - physical person or the legal entity of public or private law, including body of the public power and its territorial subdivisions which from name or for the benefit of the controller processes personal data on its specifying;

the third party - physical person or the legal entity of public or private law, except the subject of personal data, the controller, the handler and persons who are authorized to process personal data from the direct sanction of the controller or the handler;

the receiver - any physical person or the legal entity of public or private law, including body of the public power and its territorial subdivisions to which personal data reveal irrespective of whether it is the third party. Bodies of national defense, state security and public order, criminal prosecution authorities and degrees of jurisdiction to which personal data are transferred within implementation of the powers established by the law are not considered as receivers;

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