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DECISION
on the cessation of processing operations
of personal data

November 7, 2014

mun. Chisinau

Director of the National Center for Personal Data Protection of
Of the Republic of Moldova, Vitalie PANIŞ, based on the accumulated materials, -

FIND:
On June 27, 2014, the National Inspectorate of Investigations of the General Inspectorate
of the Police, submitted to the National Center for Character Data Protection
Staff of the Republic of Moldova (Center), addressing cet. AD of June 2, 2014, in which
the alleged act of threat / blackmail with physical quarrel on the part of one / some was invoked
unknown persons, under the pretext of publishing personal data concerning
the petitioner, in exchange for giving up the activity of denouncing prejudicial facts
committed by road traffic participants.
Preliminary examination of the text of the petition only in the part concerning the circumstances
which claim to be contrary to the principles of personal data protection
(collection / processing / disclosure of personal data in the absence of
consent of the data subject) - elements clearly inferior to the gravity of the facts
pleaded guilty, pointed out that the address submitted to the Deputy
The Parliament of the Republic of Moldova, Mr. Ion Ceban, was submitted for examination
The Center, the General Prosecutor's Office, the Ministry of Internal Affairs and the Inspectorate
Police General. As a result, the addresses were merged by the National Inspectorate
of Investigations of the General Inspectorate of Police, in a single control material,
being sent to the Center.
Respectively, on July 2, 2014, the Center initiated the examination of the address of cet. AD in
order of control material.
By interpellations no. 02-06 / 983 of July 18, 2014, no. 02-06 / 1112 of 29 August
2014, no. 02-06 / 1241 of September 26, 2014 and no. 02-06 / 1324 of 16 October 2014,
The center requested the Ministry of Internal Affairs to provide information on the purpose
and the legal basis for accessing / processing personal data concerning cet. AD,
as well as the recipients to whom information with limited accessibility has been disclosed
aims at the data subject, taking into account the extract from the audit of the State Register of
The population that denotes the de facto operations performed through technology
Common Object Interface.
As a result, by answer no. 8/6162 of September 12, 2014 signed by the Chief
Deputy of the Information Technology Service of the Ministry of Internal Affairs of
Of the Republic of Moldova, Dan Chirița, it was found that the data processing operations with

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personal character concerning the cet. AD were performed by its employees
subdivisions using Common Object Interface technology, through
Register of forensic and criminological information, from the State Register of
population.
In essence, under the pretext of identifying the domicile address of the cet. AD, who had
as a witness to the denunciation of alleged contraventions, authorized users
of the Registry of Forensic and Criminological Information have used this resource
state information contrary to the destination and the provisions of point 8 subpoint. 1) of
Regulation on the organization and functioning of the Automated Information System
"Register of forensic and criminological information", approved by Government Decision
no. 328 of May 24, 2012, according to which the Ministry of Internal Affairs, according to
competence, organizes and keeps records:
- notifications about crimes and contraventions;
- crimes, criminal cases and persons who have committed crimes;
contraventions, the persons who committed them and the sanctions that were applied
these people;
- the persons announced in search, missing without a trace, the corpses and the sick
unidentified;
- persons recognized as injured parties in criminal cases;
- stolen, detected, seized objects (marked and antique objects,
documents, weapons, means of transport, etc.);
other forensic and criminological information, in accordance with the legislation in
force;
- the subjects of the legal relations in the field of creation and functioning of the Register.
Thus, the witnesses who denounced certain contraventions are not part of
subjects whose records are to be kept in the said information system, in accordance
the provisions set out above.
Moreover, the use of this state information resource in
the conditions under which the identifiers of the data subject / witness who reported more
contraventions could be extracted from the user profile of the section “Witness
ocular ”of the site www.pr.gov.md and / or through the SIA technology“ ACESS-WEB ”.
Taking into account the discrepancies in procedure and form set out above, in
in accordance with the provisions of art. 20 para. (1) lit. a), e), art. 27 para. (3) of the Law on
protection of personal data, Chapter II point 3 letter a), b), d) and point 6 letter a) al
Regulation of the National Center for Personal Data Protection, approved
by Law no. 182-XVI of July 10, 2008, -

HAVE:

1. The Ministry of Internal Affairs of the Republic of Moldova shall cease immediately
personal data processing operations through technology
Common Object Interface, regarding personal data subjects that are not
find in the provisions of point 8 subpoint. 1) of the Regulation on the organization and

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operation of the Automated Information System “Forensic Information Register
and criminology ”, approved by Government Decision no. 328 of May 24, 2012 (de
example: witnesses, third parties, etc.), performed by authorized users of
Register of forensic and criminological information.
2. Information of the National Center for Personal Data Protection
about the actions taken in order to execute this decision, within 10 days
from the date of receipt of this Decision.
3. The decision with the right to appeal in order of administrative contentious within 30
of days.

/ SIGNED /

Vitalie PANIŞ
Director

