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 assesses that the statement of the Trade Union of Municipal ("Communal") Police, in the context of the situation emerged after handcuffing and apprehension of a female citizen for not having the bus ticket, in which the Trade Union "strongly condemns the illegal recording by unknown persons" and announces filing of a criminal complaint, is not appropriate and valid way to response in this situation.

The Commissioner recalls that the relevant criminal provisions (Articles 144 and 145 of CC), even when it comes to recording private and not official in discharge of his duty, require for the existence of a criminal act "significant violation of personal life" as in the particular circumstances it is practically impossible to ascertain.

Every public servant, and a police officer as well, especially in moments when applies force, must take into account that his/her conduct is absolutely legitimate subject of public interest. Police officers have the right to privacy as other citizens, but when they are off duty. While they are on duty, their actions are primarily subject to the provisions of the laws governing the public's right to know and the right to public information, not the laws protecting privacy.