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When hate speech tangles privacyWhen hate speech tangles privacy......

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Guarantees – national legislationGuarantees – national legislation

Constitution of the RM – security and secrecy of personal data protection • Law on Personal Data Protection

Guarantees – international legal documentsGuarantees – international legal documents

• Convention 108• Additional protocol to the convention 108• Directive 95/46/EC

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• Universal Declaration of Human Rights

Article 12

No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks.

 • International Covenant on Civil and Political Rights• American Convention on Human Rights, Article 11 

Right to Privacy

1. Everyone has the right to have his honor respected and his dignity recognized.

2. No one may be the object of arbitrary or abusive interference with his private life, his family, his home, or his correspondence, or of unlawful attacks on his honor or reputation.

3. Everyone has the right to the protection of the law against such interference or attacks.

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Personal dataPersonal data

'personal data' - any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity

“sensitive personal data” - personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life and biometrics.

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Personal dataPersonal data

'personal data' - any information relating to an identified or identifiable natural person ('data subject'); an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity

“sensitive personal data” - personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, and the processing of data concerning health or sex life and biometrics.

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Participation of the Directorate in the process of creating policies in the area of personal data protection

According the amendments of the Rules and regulations of the Government of the Republic of Macedonia in the Article 68 paragraph 1 point 9 ministries and other state administration bodies have the obligation to submit all the draft laws, other by-laws and draft regulations in the area of personal data protection or connected to the area of personal data protection to the Directorate for Personal Data Protection prior to submitting them to the Government for approval. This ensures active involvement of the Directorate in the process of enacting laws and by-laws by issuing opinions.

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BalancesBalances

Right to freedom of expression ↔ hate speech↓

Right to share your opinion in public↓

Right to privacy

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DPDP, right to privacy, hate speechDPDP, right to privacy, hate speech........

Demonstrations on the fortress Kale, 2012

Journalist VS journalist

Are there homosexuals among...

Local elections 2013

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“Any restrictions on the operation of websites, blogs or any other internet‐based, electronic or other such information dissemination system, including systems to support such communication, such as internet service providers or search engines, are only permissible only if they do not contain hate speech”

Most common violations

- Fake profiles and fun pages

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Do the exemptions define the media as privileged category?

„Provisions of this law are not applicable on the processing of personal data for the goals of the professional journalism, except of the cases when the public interest prevails private interest of the data subject"

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Recommendations Recommendations ......

•Fair processing of personal data, pursuant to the law or upon previously given consent of the data subject;

•Evaluation of the substance of the information in relation to the scope and reaching the balance between the right of information and right of personal data protection;

•Anonimization of face, register plates and other personal data especially data of minors;

•Publishing initials instead of names and surnames of the persons victims of accidents or persons involved in criminal proceedings.

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Directorate for Personal Data ProtectionDirectorate for Personal Data ProtectionElena StojanovskaElena Stojanovska

PhonePhone 02/32 02/3230-30-663535 e-mail: e-mail: elena.stojanovska@privacy.mk www.privacy.mk