North Macedonia

[MK] Increased Personal Data Protection for the TV Subscribers

IRIS 2015-3:1/22

Borce Manevski

Independent Media Consultant

The latest Rulebook on Security and Integrity of the Public Electronic Communication Networks, Services and Activities which the Operators must Undertake when the Personal Data Protection is Endangered (Правилник за обезбедување на безбедност и интегритет на јавните електронски комуникациски мрежи и услуги и активности кои што операторите треба да ги преземат при нарушување на безбедноста на личните податоци), developed by the Macedonian Agency for Electronic Communications, aims at increasing data protection for TV subscribers who sign contracts for the provision of TV services.

The Rulebook provides details about what information is necessary when a natural person wants to get into a contractual relation with a cable TV, IPTV, DVB-T or satellite TV operator, in order to avoid the unnecessary collection of personal data. According to the new provisions, the operators are also obliged to inform the regulatory body for electronic communications and the affected subscribers in all cases when the security of the data protection system becomes endangered. In order to prevent unauthorised access to the data systems, the operators are obliged to implement additional security measures. Moreover, as Article 37 of the new Rulebook stipulates, the operators will have to run a Register on Personal Data Threats, which will include information on the facts and the reasons for the threats, the implications of these threats, the measures that have been undertaken by the operator, as well as other relevant information.

Since very often - as the Agency for Electronic Communications states - subscribers complain about accidental and unannounced changes to the TV channel offer, this Rulebook also provides legal protection for the customers of TV services. The new by-law now obliges the operators to inform their TV subscribers at least 30 days in advance to the envisaged changes to their TV programme packages and the subscribers have the right to cancel the contract - with no obligation to pay additional fees or penalties before the contract expires - if they are not satisfied with the new offer.