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Personal Data Protection Directorate 2012 Annual Report

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Personal Data Protection Directorate 2012 Annual Report PERSONAL DATA PROTECTION DIRECTORATE 2012 ANNUAL REPORT MARCH, 2013 DIRECTORATE FOR PERSONAL DATA PROTECTION 2012 ANNUAL REPORT www.privacy.mk FOREWORD Respected all, The Annual Report ahead you, refers to the Personal Data Protection Directorate activities in 2012. The wordings inform of the Directorate’s activities and work, elaborating the commitments made towards implementing our responsibilities, as well as monitoring the vision and mission set before. The 2012 Annual Report begins with the Mission of the Personal Data Protection Directorate and the Address of the Director, Mr. Dimitar Gjeorgjievski, then following with the text being divided into several chapters - each with a description of the events, with concrete data, report of the work ending with the plans and visions for 2013. The Report form is prepared in accordance with the reporting trend of the European Data Protection Supervisor, www.edps.eu, highlighting the essence of the work and the implementation of European standards and regulations for the Personal Data Protection area, allowing the figures and detailed data to come second, for which, of course, we remain open for comments. Chapter 1 - Priorities in 2012, presents the results achieved in 2012 in the various segments of the Directorate. Chapter 2 - Inspection, provides an overview of the work of the inspectors for personal data protection in monitoring the implementation of the regulations on the personal data protection by controllers and processors. Chapter 3 - Consultations, primarily relates to the advisory role of the Directorate, given opinions, reprimands, answers to the complaints and proposals, adopted internal acts, provided opinions and participation in consultations for adoption of legal acts, decisions connected to the transfer of personal data and processing biometric data, acting upon requests pursuant to the Law on Free Access to Public Information. Chapter 4 – Trainings, gives review of the preventive role of the Directorate, which continually is realized through training for controllers and processors, as well as strengthening the own capacities by investing in trainings for theown staff. Chapter 5 - Cooperation and projects, whereas data refers to international cooperation and collaboration with various entities in the Republic of Macedonia, including several segments of its realization. In focus are the projects that are implemented in the Directorate, bilateral cooperation, signed memorandums of cooperation and other project activities. In this chapter information is given about the cooperation of the Directorate 2 DIRECTORATE FOR PERSONAL DATA PROTECTION 2012 ANNUAL REPORT www.privacy.mk with controllers and processors, as a tool for the realization of the preventive role of the Directorate. Chapter 6 – Communication and public relations, gives an overview of the introduction of the right to privacy in public, enhancing knowledge for the personal data protection as an important segment of guaranteeing the right to privacy in the Republic of Macedonia and strengthening the culture of respecting the others' privacy, and at the same time provides an opportunity for the individuals and legal entities showing interest to get insight about the work of the Directorate. Chapter 7 - Central Register of collections of personal data, presents the number of registered collections in the established database of the Directorate, which arises as a legal obligation for controllers. Chapter 8 – Administration, Human Resources, presents the structure of the organization and institutional capacity of the Directorate. Chapter 9 - Financial issues, presents the implementation of the budget of the Directorate for 2012 as well as segments of the proper management of funds which provides a basis for effective implementation of the Personal Data Protection Regulations and execution of the competencies of the Directorate. Chapter 10 - Main perspectives for 2013, gives a brief review of the goals for which we strive for in 2013. In addition to the Report, through Annexes, the opportunity is given to be familiarized with detailed data about the work of the Directorate in 2012. Should you be interested to read more on the work of the Directorate, please visit the website www.privacy.mk, or directly contact the Directorate. The electronic version of the Report will be available on the website of Directorate, www.privacy.mk. after being adopted by the Parliament of the Republic of Macedonia. 3 DIRECTORATE FOR PERSONAL DATA PROTECTION 2012 ANNUAL REPORT www.privacy.mk MISSION The mission of the Personal Data Protection Directorate is to provide an efficient system for protection of each individual exercising their right to privacy through inspection of the legality of the processing of personal data. COMPETENCIES: Creating a normative framework for the implementation of the Legislation on personal data protection; Implementation of the principles for personal data protection; Issuing opinions upon the acts of the controllers and processors a in relation to the personal data processing; Supervising the processing of personal data and its protection; Evaluation of the legality of the processing of personal data; Maintanance of the Central Register of collections of personal data; Issuing approvals for transfer of personal data to other countries; Achievement of international cooperation in the field of personal data protection and participation in the work of the international organizations and institutions relevant for the personal data protection issue; Keeping records for issued opinions for video surveillance acts related. Apart of these basic competencies, the Directorate puts great effort towards its strategic goals: Acting upon requests of natural persons for determination of the violation of their rights in relation to the processing of personal data; Raising public awareness of all controllers and processors and widely and Promotion of preventive rather than repressive mechanisms, activities and methods in the realization of its competencies in accordance with the Personal Data Protection Law in the Republic of Macedonia. 4 DIRECTORATE FOR PERSONAL DATA PROTECTION 2012 ANNUAL REPORT www.privacy.mk "Everyone should know that his conversations, his correspondence, and his personal life is private" Lyndon Johnson, former President of the United States When as the basic competence you have the protection of human rights, the challenges that you face whilst trying to protect it from every possible aspect are huge and the responsibility towards the citizens is immense. The previous year, 2012, will be remembered as the year with many activities and successes in all fields of competence of the Directorate for Personal Data Protection. We directed our activities on further promotion of privacy as a fundamental human right and continuous education of those who process personal data, as well as to those who are most affected with the right to privacy, the citizens. The monitoring of the development which dictates new trends is a key input into the process of education and in repressive action where personal data are misused. International partners have recognized the Directorate for Personal Data Protection as a leader in the Western Balkan region that resulted in enhanced cooperation. We organized two international conferences and Initiated to be the host of a Conference of Data Protection Authorities of the Balkan countries. We started implementing the first Strategy for developing the field of personal data protection which gives guidelines for our future development and working activities – Strategy for personal Data Protection 2012 to 2016. Strengthening the capacities of the inspection was one of our main goals in 2012 which we fulfilled with the implementation of the SIN – software for inspection. The need for high professionalism and expertise of the inspectors is always a priority, especially if we take into account the fact that the protection of personal data is an extremely complex matter. Therefore, we enable our inspectors to acquire certificates ISO 27001 and ISO 27 005 which resulted in increased efficiency and effectiveness of performed inspection supervisions over the controllers and processors of personal data. We are especially satisfied with the fact that on a national level ,having in mind the number of employees, the Directorate has used foreign assistance of TAIEX instrument the most of all. Being aware that education for the right of personal data protection is necessary in achieving the goal for respecting the privacy of the individual, we have undertaken a number of activities to deliver training and raising the awareness. We are appreciate the increased number of complaints submitted from citizens to our institution, expressing that 5 DIRECTORATE FOR PERSONAL DATA PROTECTION 2012 ANNUAL REPORT www.privacy.mk citizens recognize our competence and that they are aware with the right of personal data protection as their basic human right. The rapid development of modern technologies has a direct impact on the protection of personal data during their processing, and puts us in an uncomfortable position of constant completion between the execution of the right to privacy and the technology. One of our priorities in 2012 was monitoring the changes and innovations through international exchange of experiences and knowledge and direct participation to the work of the European Authorities for the personal data protection, where we were in a position to work side by side with
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