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NATIONAL CENTER FOR DATA PROTECTION
WITH PERSONAL CHARACTER OF THE REPUBLIC OF MOLDOVA

ee SS
MD-IO04, mun. Chigindu, sir. Serehei Lazo, 48, tel: (4373-22) 820801, SE1807, fax: 820807, www dalepersonale.md
DECISION
on the cessation of processing operations
of personal data
i ”December 2014 mun. Chisinau
1. in order to ensure an efficient protection of rights and freedoms
fundamental rights of individuals, the right to private life, especially protection
personal data, established by Convention no. 108 for protection
persons regarding the automated processing of personal data, signed
in Strasbourg on 28 January 1981, Directive 95/46 / EC of the European Parliament and of the Council
Council on the protection of individuals with regard to the processing of data with
personal character and free circulation of these data, the Constitution of the Republic of Moldova,
Law no. 133 of July 8, 2011 on the protection of personal data,
Instructions regarding the processing of personal data in the electoral process,
approved by Order of the Director of the National Center for Data Protection with
Personal Character no. 03/1 of February 28, 2013;
Considering the importance of ensuring the protection of personal data,
such as the need to guarantee the principle of proportionality of the data processed,
in relation to the proposed purpose, whatever it may be,
taking into account the notions: personal data as any computer
relating to an identified or identifiable natural person (data subject with
personal data), processing of personal data - any operation or
series of operations that are performed4 on personal data by means
automated or non-automated, such as collection, registration, organization,
storage, preservation, adaptation or modification, extraction, consultation, use,
disclosure by transmission, dissemination or in any other way, alluring or
combining, blocking, deleting or destroying, operator - physical person or person
public law or private law, including public authority, any other
institution or organization which, individually or together with others, establishes
the purposes and means of processing personal data provided in this way
expressly by the legislation in force, established at art. 3 of the Law on data protection with
personal character;
considering the basic conditions for the processing of personal data
established in art. 4 of the Law on the protection of personal data, according to which,
the personal data that are the object of the processing must be: processed in a way
coreet and according to the provisions of the law, collected for specific, explicit purposes
legitimate, and subsequently not be processed in a manner incompatible with these purposes,
adequate, relevant and not excessive in terms of the purpose for which they are collected
and / or further processed, exact gl, if necessary, updated, stored in a form
which 8 & 4 allow the identification of personal data subjects over a period which
will not exceed the time necessary to achieve the purposes for which they are selected and subsequently
processed;
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Taking as a basis the provisions of art. 5 paragraph, (1) of the Law on data protection with
personal data, which states that the processing of personal data is
carried out with the consent of the subject of personal data, with the exceptions
exposed in par. (5) of the same article;
taking into account the provisions of art. 6 para. (1) of the Law on data protection with
personal character, according to which the processing of special categories of character data
personnel is prohibited, except for the case established in letter. d) of the paragraph
respectively - the processing is performed in the context of legitimate activities by the associate
public, political parties and other socio-political organizations, by trade unions, associations of
patronage, philosophical or religious organizations, hecomercial cooperative organizations, with
provided that $ 4 processing relates only to their members or to persons with whom
they have permanent contacts in connection with their purposes 31 provided that the data do not
be disclosed to third parties without the consent of the subjects of personal data,
The. based on the notification of the National Center for Character Data Protection
Staff of the Republic of Moldova by the Central Electoral Commission of the Republic
Moldova on the alleged violation of the principles of data protection with
personal character by some political parties;
Decisions of the Central Electoral Commission no. 3088 of November 29, 2014 and no.
3099 of November 30, 2014 regarding the appeals no. AP-9/114 of 27 November
2014 and, respectively, no. AP 9/128 of November 29, 2014, by which the fact was invoked
illegal processing of personal data, manifested by the collection,
storage / storage, use, disclosure by transmission of this data (name,
first name, patronymic, home address), by the Liberal Democratic Party of
Moldova and the Party of Socialists of the Republic of Moldova, data recorded in the series
and / or envelopes sent to data subjects, having an electoral tone;
noting the sending of such informative / electoral letters
a large number of personal data subjects, including persons
recipients, who are not members of the political formations from which they receive
such letters;
establishing as unfounded and excessive, in view of the provisions of art. 4 gi art. 5 ale
Law on the protection of personal data, processing of personal data
personal data of subjects who are not members of a political party or other social organization
political ', in the situation where there is no consent of the data subject, freely manifested,
express and unconditional, in written or electronic form, according to the requirements
electronic document, through which the data subject accepts and the data is processed
targets him;
based on the provisions of art. 19 para. (1), art. 20 para. (1) letter a), ¢) and paragraph, (2) letter d)
of the Law on the protection of personal data, Chapter II, pet. 2 gi pet. 3 lit. d)
from the Regulation of the National Center for Personal Data Protection,
approved by Law no. 182-XV1 of July 10, 2008, director of the National Center for
Protection of Personal Data of the Republic of Moldova, HAVE:
1. the establishment by the political parties of the data processing operations
with personal earacter who target subjects who are not members of these formatium, with
except for situations based on the existence of the data subject's consent
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Personally, freely, expressly and unconditionally, in written or electronic form,
according to the requirements of the electronic document, by which the data subject accepts and is
processed the data concerning him.
2. This decision enters into force on the date of issue, it is published on the website
official of the National Center for Personal Data Protection 31 in
Official Gazette of the Republic of Moldova.
3. The decision with the right to appeal in order of administrative contentious within 30
of days.
Vitalic PANIS
Director

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