COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION

logo novi


COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION



logo novi

COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION

The Commissioner for Information of Public Importance and Personal Data Protection informed the Belgrade City Administration that the “Notice of intent to form a data file” named “User Records of the “Belgrade Senior Card”” which it submitted to him, the Commissioner considers irrelevant. The aforementioned notice was delivered by a courier service on 31 October 2017 at 15.15h, after the Commissioner initiated an oversight procedure in connection with the particular case.

The city administration, pursuant to the law, was obliged to submit the notice “not later than 15 days” prior to the planned processing, and the fact is, although it stated in the notice that it will begin processing on 15 November 2017, that the processing started before submitting the notice, which was the reason for initiating the oversight procedure, which is undoubtedly confirmed by series of news published in the media.

Since it is a clear attempt to circumvent the legal obligation, the Commissioner will file a request to initiate a misdemeanour procedure against the responsible persons.

The city authorities' action regarding “senior card” has already opened up a series of questions on which they need to provide answers to the public. Which authority and when decided to start this action? Who and by what act established card rules? Whom and on what basis the production was entrusted, in all likelihood of a very large number of card forms?

However, probably the worst consequence of this city government’s action is the feeling of discrimination among some pensioners. Even in Belgrade, in the case of New Belgrade municipality, as pointed out by the president of this municipality, so as especially among pensioners who live outside Belgrade.

Regarding the request of these pensioners in public to be provided with same “benefits”, the Commissioner unconditionally supporting any serious effort to improve the material position of pensioners, points out several important facts, from the aspect of personal data protection.

In regulated countries, the processing of personal data, especially when it is dealt with by the authorities, is done only if, and to the extent that, is necessary. In this particular situation, it is obvious that this standard is not met.

Belgrade and all other local governments, if they sincerely wish and have opportunities, can determine discounts for pensioners by decisions of local governments or bodies of public companies, and publish them in the media and on their electronic presentations. They can also invite all other business entities to follow their example and publish in the same way those who opted for. Pensioners, when necessary, can prove their status with various similar means (decision, check, etc.), which are usually used in practice, or, for example, in the case of Belgrade with the famous “Bus plus” personalized card.

So, essentially, support for pensioners does not depend on issuing of any cards at all, on the contrary. Such actions unnecessarily open up the already mentioned and other questions, and most importantly, unnecessarily forming new, large data files opens additional possibilities of data abuse or violation to the right to personal data protection.