28. 01. 2014

IN MAY DRAFT LAW ON PROTECTION OF PERSONAL DATA

Belgrade, January 28, 2014 (Beta) - Commissioner for Information of Public Importance and Personal Data Protection Rodoljub Sabic announced on 28 January that the new law on the protection of personal data will be completed in May and submitted to the new government. Sabic, at a meeting in Belgrade on the occasion of the International Day for the Preservation of Personal Data, pointed to many shortcomings and omission in this area. He said that very often processing of personal data takes place without any legal basis, that the field of video surveillance and security checks are not regulated, and that there was no regulation on the protection of sensitive personal data, such as nationality and religious affiliation. On the occasion of Data Protection Day, the Council of Europe and the EU Agency for Fundamental Rights published on 28 January the Guide on European Law in the Field of Data Protection.

Sabic said at the meeting that the current law from 2012 has holes "like Swiss cheese," that it covers only 10 to 15 % of the subject matter.

"That law fully communicate with European laws, but if has serious disadvantages. First, it is set up as an umbrella law based on an assumption that the proclaimed general principles and standards will be found in special laws. Even after five years we do not have those laws, " said Sabic.

"In many cases the processing of personal data is carried out without any legal basis or with some kind of agreement that is coerced by force or situation," said the Commissioner.

He reminded that Serbia has not yet legally regulated area of ​​video surveillance and security checks, and that is not defined who, how and by what time limit can  record someone else or perform a security check. "Can that material be used as evidence at all, if it was obtained  without authorization. We do need video surveillance, but we do not need legally disorganized, guerrilla video surveillance," said Sabic.

 He also pointed out that even after five years regulation was not passed on the protection of sensitive personal data, such as nationality and religious affiliation, although the law stipulates that it is to be passed within six months.

Sabic said that the text of the new law will soon undergo public hearing, and will be found  on the Commissioner's website .