New privacy law to protect personal data

TIRANA, July 11 – Protecting the privacy of personal private data is very important, and anyone who acquires and uses such data should know there is now an Albanian law specifically addressing the issue of privacy of data. From employee files to the information given in confidence to a medical center, all these data are now protected by law. To explain how the law works and what businesses, public and private institutions should be aware of, the American Chamber of Commerce in Albania organized last month a conference with Commissioner for the Protection of Personal Data Flora Cabej as key speaker. The meeting drew a lot of interest from AmCham members and the press. That’s because a good portion of the business community does not have enough information on how to operate within the law when it comes to protecting personal data. But in what cases must people be concerned about the misuse of personal data? Commissioner Cabej explained that example of abusive use of personal data are many, and include when banks give out information on credit to other parties, or shopping malls that collect client card information and then sell it to other or economic operators, and those who tolerate delivery of unwanted promotional messages, or even health centers giving out personal health information, something that is considered extra sensitive. The Personal Data Protection Authority has created an online register. All those who collect such data — employers or institutions – have to immediately declare to the authority what data they have, why they have collected it, when they will delete it, or reasons why they do not use it. All have the information required must be given to the authority, otherwise organizations can be punished with fines of 10,000 to 50,000 lek. There are countries like the United Kingdom where such fines are up to 500,000 pounds, Mrs. ȡbej explained at the meeting. “All subjects or auditors can declare this online, where the form is ready to be filled, and where they can go back and re-declare information if their activities expand,” Ms. Cabej told AmCham members. On the other hand, ordinary people can complain in writing or by phone if they feel their information has been abused. For example, if the civil registry issue contains a certificate that contains an error, the commissioner and the staff of the authority can interfere to remedy the situation. The commissioner has had many problems with online and telecommunications operators in this area, particularly for children under 14 who make their information available on Facebook or via email placing themselves at risk. It is an area where online operators should be very careful with the information, according to the authority. A lot of work for the authority has been generated by those who work for the media, particularly people engaged in investigative journalism. Ms. Cabej said they must make sure they operate within the law on data protection, but she also suggested the journalism profession itself must impose sanctions and limits. “We intervene with the media in all those cases when we see the photos and names of minors used or when more personal information that needed is published,” said Ms. Cabej. AmCham members had many questions about the installation of cameras in the workplace. According to Ms. ȡbej, auditors must report when the facility is protected by cameras, what they are filming, how long the recording is kept, etc. Also, the law says all those subjects who want to send promotional messages need to ask customers for approval first. If that doesn’t happen, they are in violation and punishable by fine.