The Republic of Moldova : Personal Data Law

Republic of Moldova is an Eastern European country, situated between Romania and Ukraine. The capital is Chisinau. Even tough, Republic of Moldova is not a member of European Union, this country tries its best to harmonise the domestic laws with EU legislation. Personal Data, is one of them as well.


National Authorities

The designated national authority competent in data protection in the Republic of Moldova is the National Center for Personal Data Protection. The National Center for Personal Data Protection, or Center, obtained the status of autonomous public authority, independent of other public authorities, natural and legal persons.The objective of the Center is to protect the fundamental rights and freedoms of individuals, in particular the right to privacy in connection with the processing and cross-border transmission of personal data.

The Republic of Moldova is member of the Observatory, as part of the European Committee for Data Protection. This status allows to assist and provide comments on decisions, but as member of the Observatory, Moldova can not vote.

National and European Reglementation

The Republic of Moldova signed the Convention 108 on May 4, 1998, followed by the ratification procedure by the Parliament Decision No. 483-XIV of 02 July 1999, with effect from 01 June 2008. According to the provisions of Art. 1, 3, 4 and 8 of the Convention 108 and the Additional Protocol to the Convention, once ratified, these acts have become part of national law and have priority over domestic laws, or if there are inconsistencies between the covenants and the treaties on rights fundamental human rights to which the Republic of Moldova is a party and its internal laws, priority are the international regulations under art. 4 par. (2) of the Constitution of the Republic of Moldova.

In this context, the ratification of Convention 108, has, the Republic of Moldova, assumed the responsibility to ensure the right of the individual to the inviolability of intimate, family and private life.The Directive 95/46 / EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The provisions of Directive 95/46 / EC have transposed the legal framework of the Republic of Moldova, initially in Law no. 17 of 15.02.2007 on the protection of personal data, subsequently to the Law no.133 of 08 July 2011 on the protection of personal data – a regulatory act that ensured the continuity of the transposition into the legal system of the Republic of Moldova

Twinning Project

The Twinning project is funded by the European Union and implemented by the German Foundation for International Legal Cooperation (IRZ) and the Ministry of Justice of the Republic of Latvia.

As we know so far, Moldova is not taking part from the list of adequate countries for data cross-border transfer. The objective of this Project is to ensure a high level of protection of personal data and respect the right to privacy in the Republic of Moldova, in accordance with the legal framework and standards of the European Union. The second important goal is to support the legal exchange of personal data between EU Member States and the Republic of Moldova.

Although, this country tries to harmonise the national legal framework of personal data protection in line with European Union, even if it’s a “long way” to reach the same level.

For more information, please enter the official site.


 

A propos de Nicoleta TEPORDEI

Étudiante en Master 2 Commerce Electronique

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