Rodoljub Sabic, Commissioner for Information
CommentsThe National Assembly shall soon discuss the Proposal of the Personal Data Protection Act. It is good that this is so, and it is also good that the majority of solutions from the Law Proposal rely on good European standards. However, there are also solutions for which that can not be stated in any way. For instance, for the solution from Article 45 paragraph 2 of the Law Proposal, enabling security bodies to deny due to reasons of "state and public security" and that "until the reasons exist", to the authority that should protect the personal data insight into relevant information, even access to the premises. Simply put, citizens shall be guaranteed personal data protection by the law, from illegal "processing" by the security authorities - only if approved by those authorities. Interesting, isn't it?
The authority in charge, whatever it might be, facing such expandable reasons, very difficult to check, for a term that can last forever, can not seriously secure efficient data protection. The thing with „interesting“ solution is additionally complicated by the fact that as the authority in charge of personal data protection is envisaged already existing state authority - Commissioner for Information, who according to the Law on Free Access to Information, has the right of insight, without limitation, into each information carrier owned by the authorities in power. A controversy, isn't it?
Therefore, certain issues simply impose themselves. Shall the new law bring more order or additional confusion? Efficient protection of personal data or only its resemblance? Should the existing instruments for personal rights protection be strengthened or weakened, already modest existing ones?