concerning the termination of operations of unauthorized disclosure of personal data carried out by managers of housing funds



Published: 31.03.2017 in Official Gazette No. 92-102 art No.: 682 Director National Center for Personal Data Protection, E RĂDUCAN, notes: in fact, the National Center for Personal Data Protection of the Republic of Moldova (Center), following receipt of a string of complaints and conducting multiple inspections, found that among the organizing associations of owners of dwellings-condominiums and associations of co-owners in the condominium for the purposes of the law condominiului in the housing stock (associations of owners of privatized ilocuinţelor (APLP); Associations of co-owners of dwelling in condominiul (ACCL) and construction of Housing Cooperatives (CCL)-Groups) persist display practice of Association's members, which are debtors to pay communal services in the open public access, block (such as entry areas in stairs, the space around the lift etc.). As a rule, these lists contain personal data such as, at least the names and initials of the names of members and the amount due, and often, the apartment number indicated appears.
In law, In accordance with the provisions of art. 5 para. (1) of the law on the protection of personal data, the processing of personal data is carried out with the consent of the subject of personal data. Paragraphs 1 and 2. (5) of the same article sets out exhaustively the cases in which the processing of personal data may take place in the absence of consimțămîntului the subject of personal data [...]. Relevant in the context of the circumstances dealt with in this decision shall be submitted to the following cases: b) the performance of obligations is the responsibility of the operator under the law, [...]     It's the achievement of a legitimate interest) of the operator or of the third party to whom the data are disclosed personal information, provided that this does not prejudice the interests or fundamental rights and freedoms of the data subject.
Under art. 29 of the same Act, operators and third parties who have access to personal data are obliged to ensure the confidentiality of such data, except in cases where: a) the processing relates to data voluntarily made public and manifest by the subject of personal data; b) the personal data have been depersonalizate. At the same time, art. 30 of the law provides that the processing of personal data, the operator is obliged to take the necessary organisational and technical measures to protect personal data against destruction, modification, blocking, copy, spread, and other illegal actions, measures intended to ensure a level of security appropriate with regard to the risks presented by the processing and the nature of the data processed.
Art. 1 of the Act defines the condominiului Housing Association of co-owners in a condominium organization of homeowners who were paired for the Administration, maintenance and joint operation of the complex of buildings in condominium.
At the same time, art. 20 of the same law establishes that the rights associations, including: a) to conclude contracts for the management and/or maintenance of the common property, belonging to the Association of co-owners, with any natural or legal person, regardless of their form of ownership, in accordance with the law;
b) [...].
c) to draw up an annual estimate of revenue and expenditure, including expenses for operation, repair and reconstruction of common property, [...], as well as expenses for other purposes provided for in this Act and the statutes of the Association;
d) set for each owner the amount of payments under quota;
e) to execute works and provide services to members of the Association;
f) to benefit from bank loans in the manner and under the conditions provided for by law. [...], shall be subject to observance of the rights and interests of the fact owners defended the Bill, so the default rights guaranteed by the law on the protection of personal data.
On the other hand, the Constitutional Court, in its Decision No. 20 of 20 July 2016, stated the following: "55. [...] the existence of spaces in common ownership and the impossibility of their administration by necessity requires all owners of an organized structure, as is the Association of co-owners in the condominium, to act on behalf of and for the common interest of all the truthfulness.
59. [...] membership in this Association is inherently linked to the ownership of the dwelling 62. [...] person, if it decides to buy a dwelling in a residential block, accept the default to enter into a community that is to be managed and common goods.
65. [...] Association in the condominium is an effective tool for solving management problems properly and common property management, which is based on sharp instruments governing relations between the co-owners, including powers and mechanisms of tasks incumbent upon each participant in these relationships. "
Thus, as in condominium is an obligation inherent to any lessee, their associations and a greater responsibility for ensuring that the rights of tenants across the street.
The Centre has determined that, based on the above and by virtue of the powers delegated to them under the law condominiului in the housing stock and the memorandum and articles of incorporation, the associations have a legitimate interest to take steps to obtain the debt extinguishment by members of restanțieri. Furthermore, associations often lies in direct contractual relations with the provider of public services, whereby the responsibility of including the obligation to pay the total amount in favour of their due corresponding managed and block, it is the responsibility and obligation, to extinguish any debts by collecting them from tenants.

On the other hand, the Center found that although the display list restanțierilor could contribute in some measure to accelerate the extinction of debts in relation to public services or providers of other services to achieve this legitimate purpose of associations can be obtained by other methods that would not involve disclosure in the public space of the personal data of restanțierilor, for example warn restanțierilor: oral warning letters, remittance by mail, by submitting the letters directly by members of the administrative bodies and associations in mailboxes within the block, through the direct handing etc.
Note, in this regard, that there is some legislation that would establish that associations should or could have recourse to the method of displaying in a public space to the list of members restanțieri to obtain the extinction debt accumulated from the past. For example, such provisions are to be found either in the Law condominiului in housing stock, nor the regulation on mode of provision and payment of housing and communal services, necomunale for housing approved through Government decision No. 191 of 19 February 2002.
On the other hand, however, the recovery of claims may be made in any order, including through the use of legal levers available. In this regard, it was noted that art. 20 paragraph 1. (1) (a). m) from condominiului in housing Law clearly states that the right of associations, executory by the owners/tenants of their obligations concerning the participation of the common expenses to bring proceedings in the Court in order to extinguish the payments required.
Subsequently, in the light of the above, the data processing of personal information regarding the restanțierii to pay communal services or other services contracted by the associations of owners in public space or in an area where access a large number of people, such as including common space within the residential block, which can be considered a "necessary" within the meaning of article 5 paragraph 1. (5) of the law precitate in order to meet any possible legal or contractual obligations or for legitimate interests evoked above.
At the same time, the Center has found that public space to display personal data such as first name, last name/address, the amounts owed by the subjects concerned, etc., constitutes a serious breach of the fundamental right to respect for family life, intimate and private, devoted. 28 of the Constitution of the Republic of Moldova and, therefore, cannot be classified under the legal exception provided by art. 5 para. (5) (a). e) of the law on the protection of personal data. Accordingly, such processing consimțămîntul data subjects without personal data concerned certainly constitutes a violation of the provisions of the law on the protection of personal data.
It will be noticed, Furthermore, that neither the circumstances in which the list displayed by the Association shall contain only the name and surname initials of the lessee, together with your home address and the existence/absence of debt, do not comply with the legal provisions in the field of the protection of personal data, as listed above, and in such circumstances the subject of personal information remains identifiable inițialelor, and the inclusion of the effect just reducing the number of people who could identify him.
In addition, the following were observed: Art. 15 para. (4) of the law on electricity, and art. 15 para. (4) of the law on natural gas, state explicitly that the licensee may disclose information and data they obtained from the final consumer or to a third party and information relating to the consumption and payment of invoices issued only after obtaining written consent of the end user or consumer or such third parties with the exceptions laid down in article 7 and 8 of the precitate laws or in other cases laid down in the law on protection of personal data. These provisions strictly confidential nature reiterates information listed, as well as an appropriate regime to be processed.
Furthermore, according to article 29(2); 6 paragraph 1. (11) the real estate cadastre, information about state identification number www.torrentsmd.com, date of birth and place of residence of the individual, as well as about the amount of the obligation secured by the mortgage, is issued to persons who have rights registered in the chapter A, B or C of the registry of real estate, their representatives, as well as notaries, lawyers, financial institutions, real estate enterprises that provide services or supply of an persons and authorities referred to in article 6 para. (23) the letter b)-i) and art. 8, para. (3) of the law, other people justifying the purpose of the processing of personal data in accordance with the law on the protection of personal data. In this way, including through this provision, the disclosure of data relating to the natural person's domicile is permitted only in a small number of natural or legal persons, which reaffirms the accessibility of such information is limited.
It is therefore inadmissible disclosure of such data by an undetermined number of recipient/third parties, thus being violated, and privacy regime imposed by art. 29 of the law on the protection of personal data, but also data security principle in question, within the meaning of art. 30 of the same Act. Reaffirming the will to embrace the fact that the practice of displaying these data upon entry into the block, or in other locations where access to all residents/visitors is not restricted, creates prerequisites for use by persons of bad faith for the purposes of petty or being spread to a larger number of recipients-the conditions under which the operator will be able to exercise no control over the legality of their processing.
To be revealed and that the possible way to decide public space to display personal data of residents by the General Assembly or other organ of the Association, by majority vote, is not likely to provide a lawful character of this type of processing of personal data by means of disclosure, since, in the light of the above mentioned only express, consimțămîntul and neviciat of each data subject concerned disclosure could establish its legality.

In addition, it was noted that there might be a wider variety of entities carrying out tasks/activities undertaken very similar to those made by associations of co-owners in the condominium and who are directly affected by the findings of this decision. In this regard, it was identified that these entities are included in the definition of the Manager of the housing stock, such as is enshrined in section 2 of the regulation on mode of provision and payment of housing and communal services, necomunale for housing stock, approved by Government decision No. 191 of 19 February 2002, namely: the municipal Enterprise for the management of the housing stock, Cosmos of the household dwelling-communal, cooperative housing construction, the Association of co-owners the Association of condominium owners of privatized housing, other economic operators, the management of times balance whose housing stock.
In other news, it was noted that the law on housing in art. 8 duties of the local public administration authorities of level one, including: f) plots living places of associations of co-owners in condominium within the limits of the boundaries set out in the documentation of the project;
g) administration of the Fund for public housing through the appointment of the administrator in the competition and the contract for a period not less than one year;
h) control in administration, operation, use and intended to ensure the integrity of buildings housing purpose regardless of the form of ownership. Mechanisms and control procedures will be set out in a framework regulation approved by the Government;
k) informing the general public concerning decisions, plans and actions in the field.
Based on these terms of reference, to request that the local public administration authorities of level one to bring to the attention of condominium associations of co-owners in the provisions of this decision, given the direct impact thereof on the manner of administration of the condominium homes.
Therefore, in accordance with the provisions of art. 19 para. (1) paragraphs 1 and 2, 20. (1) (a). a) and e) of law No. 133 of 8 July 2011 on the protection of personal data, and of chapter II, point 3 (a). (d)) of regulation Center, approved by law No. 182-XVI of July 10, 2008, FEATURES: 1. Cessation of processing operations of personal data that concerns the payment of communal services restanțierii and/or other payments made by the Fund Manager locative1, by displaying their list in locations with public access-which is a violation of the provisions of the law on the protection of personal data and the principles of protection , privacy and security of personal data.
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ 1 in this device the term Manager of your housing is used as defined by section 2 of the regulation on mode of provision and payment of housing and communal services, necomunale for housing stock, approved by Government decision No. 191 of 19 February 2002 and includes the municipal enterprises of housing management, municipal enterprises of housing and communal management, housing construction cooperatives, associations of co-owners in condominium associations, owners of privatized housing, other economic operators, the management of times balance whose housing stock.

2. Destruction of the Housing Fund of restanțierilor to pay communal services and/or other payments displayed until now.
3. information, within 30 days, the managers of housing funds by local public administration authorities of level one, through the mechanisms at their disposal, about the content of this decision and the notification Center at the conclusion of the process, information about the measures taken in this regard.
4. Information Centre by the Housing Fund of the action undertaken to enforce this decision, within 60 days.
5. Publication of this decision in the Official Gazette of the Republic of Moldova and the Center's website.