Question of the day

Processing operations on personal data where their processing cannot adversely affect the rights and freedoms of individuals could be carried out without notifying the National Centre for Personal Data Protection. A draft was published for public consultation.

More specifically, notification to the National Centre for Personal Data Protection of the Republic of Moldova is only required in cases concerning:

a) processing operations on special categories of personal data, including genetic data, biometric data and those enabling the geographical location of individuals by means of electronic communications, including for scientific research purposes;

b) processing operations on personal data by electronic means for the purpose of assessing personality aspects such as professional competence, credibility, behaviour and the like;

c) processing operations on personal data by electronic means in filing systems for the purpose of taking individual automated decisions relating to the analysis of solvency, economic and financial situation, facts liable to give rise to disciplinary, administrative or criminal liability of natural persons, by private law entities;

d) processing operations on personal data of minors in the context of commercial prospection activities;

e) processing operations on personal data as referred to in point (a) and on personal data of minors collected via the internet or electronic messaging;

f) transmission of personal data to other States, except for situations 3 referred to in Article 32 (7) and (8) of Law No 133/2011 on the protection of personal data;

g) processing operations on personal data by video surveillance means. With the exception of processing operations on personal data carried out by a natural person for personal or family needs, provided that this does not infringe the rights of the subjects of the personal data under the conditions laid down in Article 2 (4) (a) of Law No 133/2011 on the protection of personal data.

The exceptions to the obligation to notify processing operations on personal data do not, however, exempt the controller from fulfilling its other obligations under the applicable legal provisions on the protection of personal data, in particular those relating to ensuring the basic conditions for the processing of personal data, the rights of data subjects and data privacy and security.

Source: bizlaw.md