Amendments to Personal Data Laws Put Up for Public Discussion

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The National Personal Data Protection Centre has put up for public discussion a draft law amending legislation on personal data protection. The discussion is taking place on the Legal Forum until July 22.

According to the National Personal Data Protection Centre, the draft law provides for:

  • excluding personal data concerning trade union membership from special categories of personal data;
  • simplifying the procedure for obtaining a data subject’s consent to the processing of personal data, including reducing the amount of information required to be specified in the consent;
  • addressing a number of issues related to processing personal data without consent, for example, when reviewing job applicants’ résumés, processing the personal data of individuals who are not parties to a contract but for whose benefit the contract is concluded or who are responsible for its performance, processing personal data in documents sent to an operator electronically, such as to an organisation’s email address, publishing images of citizens on organisations’ websites, and transferring personal data across borders;
  • clarifying the regulation of relations between operators and authorised persons;
  • regulating the joint processing of personal data by several operators;
  • clarifying mechanisms for exercising the rights of personal data subjects and standardising deadlines for decisions on applications concerning the exercise of those rights;
  • giving small businesses the right to choose whether to organise internal controls over personal data processing themselves or engage third-party organisations for this purpose, and giving holding companies the right to organise such controls through their management companies;

The draft law also contains amendments aimed at strengthening the protection of citizens’ personal data when it is processed using modern technologies, including video surveillance, audio recording and automated personal data processing. In addition, the draft clarifies certain terms and proposes provisions intended to formalise established practice.

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