ARMENIA Law and Practice Contributed by: Aram Orbelyan, Narine Beglaryan, Artur Hovhannisyan, Lilit Karapetyan, Sarkis Knyazyan and Shushanik Stepanyan, Concern Dialog
• insurance secrecy regulated by the Law on Insur - ance and Insurance Activities; • legal professional privilege regulated by the Law on the Profession of Advocate; • personal data use during operations concerning national security and defence regulated by a num - ber of legal acts relating to the national security service and military forces; • personal data use in preventing and detecting money laundering and terrorism financing regu - lated by the Law on Combating Money Laundering and Terrorism Financing; • operational intelligence activities regulated by the Law on Operational Intelligence; and • proceedings regulated by the Criminal Procedural Code of Armenia, the Civil Procedural Code of Armenia, the Administrative Procedural Code of Armenia, and the Law on Compulsory Enforce - ment. There are some other laws that regulate personal data protection in specific areas, such as the Labour Code. Principles of Data Protection The Data Protection Law specifies the principles of personal data protection, which are as follows: • principle of lawfulness; • principle of minimum engagement of data subjects. The principle of lawfulness requires the processing of personal data to be in compliance with the law as well as with the data subject’s consent. Under the principle of proportionality, the law mandates that: • principle of proportionality; • principle of reliability; and • the processing must pursue a legitimate purpose, and the measures to achieve it must be suitable, necessary and moderate; • the volume of personal data processed needs to be the minimum necessary for achieving a legiti - mate purpose; • processing needs to comply with its purpose or be compatible with it; and • processing should be depersonalised if the pur - pose of processing may be achieved without personalisation of the data subject.
Compliance with the principle of reliability means that personal data being processed needs to be complete, accurate, simple and, where necessary, kept up to date. The principle of minimum engagement of a data subject is mostly applicable to the public authorities when the latter must collect data necessary for exer - cising their powers from the official sources available rather than request that a data subject regularly pro - vide the same information. Data Processing Framework Data processing should be performed with the data subject’s consent unless the law allows the process - ing without it – eg, in the case of a court order to disclose personal data. The data subject has basic rights such as the right to access personal data, the right to erasure, the right to rectification, and the right to object. The data processor should notify the data subject prior to the processing of their personal data by indi - cating the purpose of processing, the list of data pro - cessed, the category of processors and other infor - mation defined under the law. There is no mandatory requirement to approve a privacy policy. The transfer of personal data to third parties needs to be performed with the data subject’s consent, as well as the transfer of personal data abroad. The transfer of personal data abroad is subject to the preliminary approval of the Personal Data Protection Agency of the Republic of Armenia if the data needs to be trans - ferred to a state without a sufficient level of data pro - tection. 8.2 Geographical Scope The Data Protection Law and the powers of the Per - sonal Data Protection Agency of the Republic of Armenia are limited to the territory of Armenia. If the personal data is collected (stored) by a legal entity – or a branch or representative office of a legal entity – established in Armenia, the collection and fur - ther processing will have to be performed under the Data Protection Law, and the Personal Data Protec - tion Agency of the Republic of Armenia will be entitled to enforce its powers over this data processing.
44 CHAMBERS.COM
Powered by FlippingBook