Companies that violate the law on personal data risk fines of 5 million lei, while individuals up to 100 thousand lei, which is a 20-fold increase in the fines, compared to the existing ones, bizlaw.md informs.
In this regard, the Centre for Protection of Personal Data submitted to the Parliament proposals to amend the relevant legislation, which provides for much higher fines, compared to the existing ones.
The project foresees a fine of 5 million lei for companies that violate the norms of collection, processing and use of personal data (special categories of data, health data, data on criminal convictions and sanctions, etc.).
Additionally, fines of 10,000 lei to 3 million lei are expected for failure to comply with technical requirements of data processing, those related to privacy and security of data. Cross -border transmission of data in violation of the law will be penalized by up to 500 thousand lei.
Prevention of checks will be sanctioned, too. The fine, in this case, will be 900 thousand lei, equivalent to the fine for failure to comply with the recommendations of the Centre.
Penalties, according to the new changes, will be payable within 30 days.
However, some public institutions do not support the proposed changes, especially the part concerning the fines. According to the opinion of the Ministry of Justice, fines foreseen by the project are exaggerated, and some violations are too vaguely formulated. The opinion states that proposals to amend the Administrative Code and the Criminal Procedure Code should be excluded from the project and submitted to the Ministry of Justice, body, in charge of this field.
The expert report of the NAC does not entirely support the project, either. According to it, sanctioning the processing of personal data by the Centre would lead to an unjustified and abusive extension of its powers and distort the work of criminal investigations. Anticorruption expertise concludes that this project contradicts the legal framework for state security system.
Anticorruption experts also criticized the proposed manner of choosing the Director of the Centre, which provides that it should be appointed by the Parliament on the proposal of the Speaker for a term of five years, which is contrary to the law on political positions, which provides for a contest and a 4-year term.
The NAC also criticized other provisions of this project.
The Parliament will examine the proposed changes and decide on their approval or rejection.