The Commissioner for Information of Public Importance and Personal Data Protection describes as irresponsible acting of the Ministry of Labour, Employment, Veteran and Social Affairs in the oversight procedure over the implementation of the Law on Personal Data Protection and warns that such acting is a punishable offense, according to Article 55 of the Law on Personal Data Protection.
The Commissioner initiated the procedure after the news published on the Ministry's website, and shared by many media, which, among other things, states: “Government ministers agreed with the Ambassador of China to Serbia and the Director of Zelezara Smederevo a sick leave control mechanism ... as well as how it will be implemented ... this will be a kind of pilot project, which, if it yields good results, will be generally applied ...”
The Commissioner initiated the procedure on 5 October requesting, within three days, adequate statements from the Ministry of Health and the Ministry of Labour, Employment, Veteran and Social Affairs.
The Ministry of Health provided a statement within the set deadline stating that this ministry was not behind the news of the emergency control of sick leave, and that neither the Minister of Health nor the Ministry made any statements in this regard, nor did they provide the media with a statement on this matter. It also stated that, as the Commissioner pointed out in initiating the oversight procedure, the existing sick leave control mechanism is provided for in the Health Insurance Law, according to which the health inspectorate of the Ministry does not conduct oversight over the exercise of sick leave.
The Ministry of Labour, Employment, Veteran and Social Affairs did not give any statement within the set deadline. Ten days later, it submitted a letter signed by a person unauthorized to represent the Ministry in the oversight procedure, which did not contain an answer to any of the questions asked, nor did it had any required relevant documentation enclosed.
The Commissioner, assessing that such a method of communication is below the minimum level that corresponds to one ministry, resent the request to the Ministry of Labour, Employment, Veteran and Social Affairs requesting from it to clearly and in legally stipulated manner, within three additional days, answer to the posed questions and submit relevant documentation, with a warning that otherwise a misdemeanour procedure will be initiated.
Notwithstanding this, since the Ministry has continued, even after the oversight procedure was initiated, to create news about “emergency control of sick leave” that, in terms of real meaning, caused the dilemmas and reactions of citizens, trade unions and the media, the Commissioner calls on the Ministry to publicly, unequivocally state whether there is any kind of “pilot project” that involves a new “sick leave control mechanism” that is “agreed” with anyone.
Assuming that the “pilot project” and the new “sick leave control mechanism” exist only on the website of the Ministry, and not in reality, the Commissioner calls on the Ministry to explain to the public what “emergency control of sick leaves” which is being repeatedly announced really, precisely implies.
In this regard, having in mind that it is practically impossible to perform “control of sick leave” without insight into medical documentation, that is, in keeping with the law, particularly sensitive personal data, the Commissioner once again warns that the Health Insurance Law provides for a mechanism in case of suspected abuse which employers can use, but this mechanism involves the activities of professional people and professional bodies set up by the Republican Health Insurance Fund, and does not imply any powers or activities for the Government and ministries, especially for Ministry of Labour, Employment, Veteran and Social Affairs.
