..REGARDING "BELGRADE ON WATER"
The Commissioner for Information of Public Interest and Personal Data Protection has received the statement of the Belgrade Land Development Directorate, given under the surveillance procedure, which the Commissioner has initiated in the Directorate, based on the complaint of the Tenants' Assembly in the building in Karadjordjeva no. 36, stating that the Directorate has announced and is trying to implement the "list of tenants" and "surveying of apartments" in order to "determine the factual and legal status", without offering any justification whatsoever and without quoting the legal base, except the abstract formulation "in order to implement Belgrade on Water Project".
The Commissioner requested from the Directorate to declare its view without delay about the legal base and purpose of such personal data processing.
In the statement delivered by the Directorate, it quoted "that the working group with the task to complete the analysis of cadastral lots and facilities has been formed, based on the conclusion of the Mayor of Belgrade, recommending such an action, for the needs of compiling the Special Purpose Plan". It has also been cited that the visit of the facility in Karadjordjeva 36 was "in order to inform the tenants about Special Purpose Plan compilation, and the inquiry whether they have been informed about the "Belgrade on Water" Project".
The statement also contains self-criticizing remarks of the Directorate, that "the information given to the tenants does not reflect the right objective of the visit" and that "if the quoted information has upset or hurt anyone, which was not the intention, they apologize to all and everyone" as well as that "in the future the activities shall be more carefully prepared".
Evaluating the self-criticizing evaluations of the Directorate as useful, the Commissioner once again warned about two things.
As first, that according to the Personal Data Protection Act basic, minimal conditions for permitted processing of personal data are existence of valid legal base and clearly determined purpose of processing. This, in this specific situation (in the absence of legal grounds, because Mayor's conclusion or recommendation is obviously not the same) means that any personal data processing can be permitted solely if performed with explicit (free and informed) consent of the person whose data are dealt with.
As second, following the tenants of the building in Karadjordjeva 36, the tenants of other buildings and users of business facilities, especially in the "narrow" Savamala zone, have expressed their worriedness due to the lack of relevant information. Therefore it is necessary and important that the authorities should eliminate all dilemmas and doubts – by proactively delivering, without waiting for someone to ask for it, all relevant information not just to tenants but to the public in general. The Commissioner evaluates that the Directorate and all the authorities should invest an additional effort in order to secure the specific and complete information regarding "Belgrade on Water" Project implementation to the broadest public in the best way – by publishing them continuously on their official web presentations and in the media.