Protection of Personal Data in the Criminal Legislation in Macedonia
Abstract
This paper aims to illustrate the protection of personal data in the criminal legislation in Macedonia. Given the fact that their use throughout the criminal proceedings is constant, delicate and complex, this paper will contribute to the reflection of the actual situation in respecting the right of personal data by the competent authorities. Particular importance will be given to the protection of this right when applying special investigative measures because of the numerous derogation of the right.
Key words: personal data, criminal procedure, special investigative measures, EU.Downloads
References
European Convention on Human Rights and Fundamental Freedoms from 1950. The translation of the Convention and its Protocols in Macedonian language are available in “Official Gazette" no. 11/1997, 30/2004 and 30/2005;
The Convention 108 is ratified by the Assembly of Republic of Macedonia and came into force on 1st of July 2006 and its Additional Protocol was signed on 4th of January 2008.
Constitution of the Republic of Macedonia, adopted on 17 November 1991, Official Gazette no.52 of 11.22.1991, and changes in the Official Gazette no. 1/1992, 31/1998, 91/2001 84/2003, 107/2005, 3/2009, 13/2009 49/2011;
Kambovski, V., "Criminal Code - Integral text Preface, brief explanations of terms and registry, Skopje 2011, (published in Macedonian language);
Law for protection of personal data (Official Gazette no.7/2005, 103/2008; 124/2008; 124/2010 and 135/2011), hereafter CPPD;
Official web site of the Directorate for protection on personal data is www.dzlp.com.mk ;
Police Code (Official Gazette no. 114/2006; 6/2009 and 145/2012), hereinafter PC;
Law of Criminal Procedure, Official Gazette no. 150 from 18.11.2010;
Rec(2005)10, Council of Europe, Committee of Ministers, Recommendation Rec(2005)10 of the Committee of Ministers to member states on “special investigation techniques” in relation to serious crimes including acts of terrorism (20 April 2005), Rec(2005)10, available at https://wcd.coe.int/ViewDoc.jsp?id=849269&Site=CM last access 06.03.2013;
Lazetic – Buzarovska, G., Kalajdziev, G.,: Investigation – Manual for practitioners, Skopje, OSCE, 2010, p.31, (published in Macedonian language);
Matovski, N., Lazetic – Buzarovska, G., Kalajdziev, G.,: Criminal Procedure Law, Second and amended issue, Academic LTD, Skopje, p.263, (published in Macedonian language);
Law of Criminal Procedure, Official Gazette no. 15/1997; 44/2002; 74/2004; 83/2008; 67/2009 и 51/2011, hereinafter former and current CPC;
Amending Law on the Code for interception on communications, 2008;
Haton, L.: Supervision in collecting information, p.109;
Law for electronic communications (Official Gazette no. 13/2005, 14/2007, 55/2007, 98/2008 и 83/2010);
Decision of the Constitutional Court of the Republic, U.no: 139/2010-0-0 from 20.10.2010
Kalajdziev, G.: Erosion of privacy in Macedonia, Towards the amending of the Code of electronic communications, Helsinki Committee of human rights in Macedonia, June, 2010, (published in Macedonian language);
Helsinki Committee for Human Rights in Republic of Macedonia: Successful Initiative to the Constitutional Court, available at http://www.mhc.org.mk/announcements/31?locale=mk#.UTSU_FddCno last access on 06.03.2013;
Privacy under scrutiny: A brief analysis of the draft amendments to the Law on Electronic Communications - Helsinki Committee for Human Rights in Macedonia Article 112 paragraph 7 and art.114 paragraph 7 of the amended Act;
Law of interception of communications (Official Gazette no.121/2006, 110/2008 and 116/2012), hereinafter LIC;
Control over wiretapping, Helsinki Committee for Human Rights of the Republic Macedonia;
Quarterly Report December 2011 - February 2012, the Helsinki Committee for Human Rights of the Republic, available on the site http://www.mhc.org.mk/reports/50?locale=mk#.UTiT7lckQcE last seen 07.03.2013;
Kambovski, V.: International legal framework in fight against corruption, Fredrick Ebert Foundation, Skopje, p.16, (published in Macedonian language);
Sunday Times vs. United Kingdom, 1980, 2 EHRR 245;
Kalajdziev, G., Jovcevski, J.: The Right to respect privacy in Macedonia, Macedonian review for Criminal law and Criminology, no.1, 2009, 2 August – S, Stip, p.267-285, (published in Macedonian language);
Permissions
Authors are expected to obtain permission from copyright holders for reproducing any illustrations, tables, figures or lengthy quotations previously published elsewhere. BSSR will not be held accountable for any copyright infringement caused by the authors.
Copyright
The content offered in the BSSR remains the intellectual property of the authors and their publishers respectively. University “Goce Delcev”- Shtip, R. Macedonia and BSSR keap the right to promote and re-publish the texts.