Announcement regarding publication of lists with personal data of people from Kumanovo who are sick with CORONA VIRUS (COVID 19)

In connection with the news published on several electronic media that photos with lists of personal data (name, surname, address, social security number) of people from Kumanovo who are sick with the CORONA VIRUS (COVID 19) are circulating on social media, the Agency for the Protection of Personal Data data

POINTS

That such processing of personal data, including photographing lists of personal data of persons who are infected with the corona virus or are in home isolation or in state quarantine, as well as their publication and any other sharing without a legal basis, represents a violation of the provisions of the Law on the Protection of Personal Data, as well as that this way of processing personal data represents criminal offense “Misuse of personal data” from Article 149 of the Criminal Code for which a fine or prison sentence is prescribed.

According to the Law on the Protection of Personal Data, the processing of data related to people’s health IS PROHIBITED, and can only be carried out in strictly defined exceptions according to law.

The Agency for the Protection of Personal Data emphasizes that the exceptions to the processing of this data established by law, They do NOT refer to public disclosure of personal data for infected persons or persons in self-isolation, hence any publication and sharing of personal data by unauthorized persons, for persons suffering from corona virus or persons who are in home isolation or in state quarantine, represents a violation of privacy and the right to protection of personal data and is subject to sanctions according to law.

Also, according to the above and based on Article 63 of the Law on Protection of Personal Data (“Official Gazette of the Republic of North Macedonia” no. 42/20) and Article 273 of the Law on Criminal Procedure (“Official Gazette of the Republic of Macedonia” no. 150/2010, 100/2012, 142/2016 and 198/2018), the director of the Personal Data Protection Agency submitted to the Basic Public Prosecutor’s Office a Criminal Complaint against: an unknown perpetrator for the crime of misuse of personal data from Article 149 of the Criminal Code.