The Commissioner for Information of Public Importance and Personal Data Protection assesses the situation regarding media coverage of Jovanka Broz's health condition as another alarming warning to completely inappropriate attitude towards personal data protection, in this case in the health care system, but also in general.
In this context, the Commissioner said the following:
"Extremely large number of the media has been reporting on the health condition of Jovanka Broz by publishing data which may not be allowed to be published without her consent under the law.
I am urging the media to stop reporting in such a manner and to examine the reporting point of view, first of all, from the ethical principles of their own profession. At the same time, I emphasize that the media are nor responsible for the violation of the Law on Personal Data Protection, but, as in every similar situation, officials who make personal data available to the media in a manner contrary to the law.
The increased interest in the health condition of Jovanka Broz is understandable. This is a logical consequence of the fact that this is the widow of the late president of SFRY. But this interest could and should have been met by information that she has been hospitalized, that she is being treated and whether her life is danger.
Publishing information on her confusion, urinary problems, wounds on the body and chest, an advanced stage of cancer, is not only tedious and unnecessary, but also unacceptable.
According to Article 16 of the Law on Personal Data Protection, data on health condition is particularly sensitive data whose processing is permissible only with the consent of the data subject, and without the consent only in exceptional circumstances explicitly defined by law. Treating this data in any other manner is an offense punishable by law.
I take this opportunity to reiterate that the Government of the Republic of Serbia was obliged, by law, to adopt a Regulation on special protection measures applicable to, so called, particularly sensitive data. Although the deadline for the adoption of this regulation expired for more than 4 years, we still do not have it. Once again, as innumerable times before, I am urging the Government to adopt this regulation. "
