1. CEEDPA CEEDPA 11-12 May, 2016 1

2. Legislation Procedural aspects, condition Cases (Court Practice) Cases (Court Practice) www.dzlp.privacy 2 Conclusions, Recommendations Conclusions, Recommendations

3. Domestic Legislation Domestic Legislation CONSTITUTION OF REPUBLIC OF MACEDONIA Article 18 Protection of personal data Security and secrecy of personal data is guaranteed Security and secrecy of personal data is guaranteed Article 25 Private life of every citizen is guaranteed Private life of every citizen is guaranteed Article 26 Inviolability of the home Inviolability of the home www.privacy.mk 3

4. Legislation Legislation CRIMINAL CODE OF REPUBLIC OF MACEDONIA Unauthorized video recording Unauthorized video recording Article 152 (1)Unauthorized photographing, filming and video recording of other person or his/her personal premises without consent of the person, violating his/her privacy, or disclosure of the records to other person, or making them available on some other way, is punishable with monetary fine or one year prison www.privacy.mk 4

5. Legislation Legislation CRIMINAL CODE OF THE REPUBLIC OF MACEDONIA Violation of Personal Data Violation of Personal Data Article 149 (1) Collection, processing and usage of personal data contrary of the conditions provided in law or without the consent of the person, is punishable with monetary fine or one year prison (1) Collection, processing and usage of personal data contrary of the conditions provided in law or without the consent of the person, is punishable with monetary fine or one year prison (2) Person that violates the computer information system for personal data processing with the intention to or to make damage to others will be punished with the penalty in the previous article (2) Person that violates the computer information system for personal data processing with the intention to or to make damage to others will be punished with the penalty in the previous article www.privacy.mk 5

6. Legislation Legislation LAW ON PERSONAL DATA PROTECTION Article 4 Exemption for processing of personal data by physical persons for personal and domestic activities Exemption for processing of personal data by physical persons for personal and domestic activities Article 44-v Inspection procedure By exemption of the regular procedure, inspectors can enter the home of a physical person that is a controller or a processor of personal data processing only by a procedure provided in law. By exemption of the regular procedure, inspectors can enter the home of a physical person that is a controller or a processor of personal data processing only by a procedure provided in law. www.privacy.mk 6

7. Legislation Legislation LAW ON OBLIGATIONS LAW ON OBLIGATIONS Article 9-а Protection of personal rights Article 9-а Protection of personal rights Compensation of damage for the violation of personal right of privacy of personal and family life Compensation of damage for the violation of personal right of privacy of personal and family life www.privacy.mk 7

8. Legislation Legislation LAW ON PERSONAL DATA PROTECTION Video surveillance by legal persons, public institutions article 9-а, 9-b Lawful purposes for video surveillance, notification, time of keeping of recordings, internal document for video surveillance is obligation for the data controller/ based on General Rulebook for the content and form of the act for video surveillance (Official Gazette no. 158/10). Lawful purposes for video surveillance, notification, time of keeping of recordings, internal document for video surveillance is obligation for the data controller/ based on General Rulebook for the content and form of the act for video surveillance (Official Gazette no. 158/10). Special provision for video surveillance in apartment buildings (Article 9-v) Written consent of all apartment owners or renters is obligatory Written consent of all apartment owners or renters is obligatory Transmission of recordings is prohibited Transmission of recordings is prohibited Video surveillance of entrances of other owners or renters in apartment building is prohibited Video surveillance of entrances of other owners or renters in apartment building is prohibited www.privacy.mk 8

9. LAWFUL PURPOSES OF VIDEO SURVEILLANCE Protection of property, security of persons, control of entering the premises SCOPE Only on space necessary to fulfill the purpose of video surveillance KEEPING OF VIDEO RECORDINGS Maximum 30 days or longer in cases provided in law MISDEMEANOR SANCTIONS 250 EUR for physical person (controller ) www.privacy.mk 9

10. Law on Criminal Proceedings Law on Criminal Proceedings 10 Recording of investigat- ive actions Article 94 Recording of examination of defendant Article 207 Recordin g of examinati on of witness Article 225 Recording of audio visional conference Article 84 - Recordin g the search warrant scene Article 192

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12. Law on Criminal Proceedings – recording at Special Investigative Measures Law on Criminal Proceedings – recording at Special Investigative Measures 12 In case of privacy life issues that part should be deleted Termination of recording- Article 268 Special Investigati ve Measures -types Article 252 www.privacy.mk

13. Law on Criminal Proceeedings Law on Criminal Proceeedings www.dzlp.mk 13 -- -- -

14. Deadlines for records keeping LONGER ONLY IN CASES PRESCRIBED BY LAW FULFILLING THE GOAL AT MOST FOR 30 DAYS 14

15. Statistics www.privacy.mk 15 Year Inspections Total Complaints for video surveillance 201539412 20143954 2013 387 3877 20123682 20111462 20101172

16. PROCEDURE UPON COMPLAINTS FOR UNLAWFUL VIDEO SURVEILLANCE IN PRIVATE HOMES –PRACTICE -Complaint by physical person -Mediation/consultation -written explanation by physical person/controller of video surveillance in private home -access to video cameras in private premises - only with consent of the owner (Written report by inspector/Decision with corrective measures) -Conclusion for termination of the procedure if there are no conditions for investigation or there is a procedure before court – citizens are advised to go to court Intention to change practice 16

17. Usual problems VIDEO SURVEILLANCE OF PRIVATE PROPERTY OF OTHER PERSONS VIDEO SURVEILLANCE OF PUBLIC SPACES VIDEO SURVEILLANCE OF PUBLIC SPACES VIDEO SURVEILLANCE OF COLLECTIVE PROPERTY OF PHYSICAL PERSONS – PROPERTY RIGHTS ARE NOT CLEAR VIDEO SURVEILLANCE OF COLLECTIVE PROPERTY OF PHYSICAL PERSONS – PROPERTY RIGHTS ARE NOT CLEAR FALSE CAMERAS 17 VIDEO SURVEILLANCE IN APARTMENT BUILDINGS (COLLECTIVE CORRIDORS, STAIRS, ENTRANCES)

18. CASE Complaint submitted by son, for unlawful video surveillance installed by his father at the front yard and entrances of the house used by their families, father is owner of the whole property Complaint submitted by son, for unlawful video surveillance installed by his father at the front yard and entrances of the house used by their families, father is owner of the whole property Inspection procedure initiated by the Directorate for Personal Data Protection Inspection procedure initiated by the Directorate for Personal Data Protection Violation of the right of the complainant is established Violation of the right of the complainant is established 18

19. CASE DPDP was informed that video surveillance is complied with data protection law DPDP was informed that video surveillance is complied with data protection law Criminal procedure initiated by the son for unlawful video recording according to Penal Code after the decision of DPA Criminal procedure initiated by the son for unlawful video recording according to Penal Code after the decision of DPA 19

20. CASE/ COURT PRACTICE Judgment of the Primary court, confirmed by Supreme Court No unauthorized video recording of other person or personal premises is established by the court No unauthorized video recording of other person or personal premises is established by the court No violation of the privacy of the complainant No violation of the privacy of the complainant Front yard is not considered as personal space is established by the court Front yard is not considered as personal space is established by the court Protection of the father from the arguments with the son is a legitimate purpose for video surveillance ? ! Protection of the father from the arguments with the son is a legitimate purpose for video surveillance ? ! 20

21. 21 RIGHT OF THE INVIOLABILITY OF THE HOME- COURT ORDER TO ENTER PRIVATE HOMES NO CLEAR LEGAL GROUND FOR COMPETENCES OF INSPECTORS TO INVESTIGATE VIDEO SURVEILLANCE IN PRIVATE HOMES COOPERATION WITH POLICE ? CONCLUSIONS

22. Recommendations LEGAL ADVISES AND CONSULTATION TO CITIZENS 22 ORGANIZE TRAINING FOR THE COMPANY FOR MAITENENCE THE ON THE BASE OF AGREEMENT ORGANIZE TRAINING FOR THE COMPANY FOR MAITENENCE THE APARTMENT BUILDINGS ON THE BASE OF AGREEMENT MORE COURT PRACTICE FOR VIDEO SURVEILLANCE IN PRIVATE HOMES PREPARATION OF GUIDENCES FOR VIDEOSURVELIANCE IN PRIVATE HOME AND PREPARATION OF GUIDENCES FOR VIDEOSURVELIANCE IN PRIVATE HOME AND APARTMENT BUILDINGS

23. QUESTIONS 23

24. THANK YOU FOR YOUR ATTENTION Goran Trajkovski Director of Data Protection Directorate Republic of Macedonia Tel.+389(2)3230635 / goran.trajkovski@privacy.mk www.privacy.mk 24