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The law changes: Fines up to 2 billion ALL for personal data violators

2022-07-12 11:07:08Aktualitet SHKRUAR NGA REDAKSIA VOX

The law changes: Fines up to 2 billion ALL for personal data violators

Scandals with the release of personal data, salaries, phone numbers, license plates, etc., have led the Albanian Government to propose some changes in the law "On the protection of personal data", to strengthen the protection mechanisms and also to punish the offenders. .

To discuss these changes in the draft law, a consultative meeting was held in Tirana today. The new government initiative foresees a series of legal changes in the way personal data is administered, strengthens the role of the Commissioner for the Protection of Personal Data and, on the other hand, significantly increases the penalties for those who abuse this data.

The fine for administrative offenses will be up to 2 billion ALL, or up to 4% of the total annual turnover for the previous financial year in the case of enterprises.

"Breach of the obligation to cooperate or of any act of the Commissioner, according to paragraph 1 of article 85, non-implementation of an order, or temporary or final restriction of processing, or suspension of data exchange, issued by the Commissioner in accordance with letter b) of paragraph 2 of article 85, taking into account the factors defined in paragraph 2 of this article, constitutes an administrative offense and is punishable by a fine of up to 2,000,000,000 ALL, or in the case of an enterprise, up to 4% of the total annual global turnover for the preceding financial year, whichever is higher," the law states.
 This would practically constitute the highest level of administrative sanction applied in Albania. Regarding the collection of fines, in contrast to the current law in force, it is proposed that 90% of the fines be collected in the state budget and the rest of them be collected in the account of the Commissioner's Office, as a budgetary support in order to realize tasks within the exercise of its activity.

In the list of innovations that is presented for the first time is the "right to be forgotten" which can be considered as a new right of the data subject in the context of technological developments.

"This right serves as a guarantee in the online environment for the data subject, obliging search engine providers to delete at the request of the data subject information about him, which is no longer necessary over time , but when found it has a negative impact on his reputation. The purpose of this right is to eliminate any trace of the data of any person who wants to be "forgotten" forever from social networks and internet search engines such as Google or other search platforms," ​​the law states.

The changes are also related to the improvement of the definition of the terms used in the draft law, as well as the introduction of new terms. Specifically, one of the most important terms in the field of personal data protection is consent. The definition of this term has changed in such a way that any element indicating the will of the data subject, freely given, informed and clear through which he, by means of a statement or by a clear action, is taken as consent affirmative, expresses consent to the processing of personal data related to him, for one or more specific purposes. Meanwhile, new terms have been introduced in the draft law, such as further processing, pseudonymized data, as well as the addition of categories of sensitive data.

In terms of the rights of data subjects, the draft law not only improves and expands their rights provided by the law in force, but also provides for the first time new rights such as the right to be forgotten and right to data portability. Also, the principles and criteria for processing personal data, although they remain the same, are described in more detail and detail.

In function of the effective protection of personal data, in addition to the obligations provided by the current legislation, new obligations are also foreseen for controllers and processors, such as: conducting an impact assessment on the protection of personal data before starting a processing process, the obligation to consult in advance with the Commissioner before the start of data processing, in case this processing results in high risk for the data subject, the obligation to appoint a data protection officer, as well as the introduction for the first time of codes of conduct and certification mechanisms.

In contrast to the current law, which does not contain special provisions, this draft law foresees for the first time rules on the processing of personal data by competent authorities for public or national security and for the prevention and prosecution of criminal offences.

 


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