Source-Blic
The forthcoming general population census and national councils’ elections are major tasks whose successful completion is important for confirmation of administrative capacities and democratic legitimacy of the country. Therefore, precisely, are they important from the aspect of certain human rights. Namely, these activities entail massive personal data processing, including processing certain data which are defined as highly sensitive data, e.g. national or religious identity, under the Law on Personal Data Protection. Under the Law, the data may be processed exclusively with freely given permission of the owner of the data. The Law explicitly stipulates that the permission has to be explicit, unambiguous and given in writing, and in case of illiterate persons the permission has to be confirmed in a declaration signed by two witnesses.
One should hope the persons involved in the census and elections will abide by these requirements set out in the Law. Especially, since they will not be able to abide by some other requirements. Because, in addition to other requirements, the Law envisages special protection measures for processing highly sensitive data. The Government was supposed to define these measures by a special decree, but the decree was never adopted, even though the deadline for adoption passed in April last year. Therefore, special protection of highly sensitive data remains only a proclamation, only virtual protection which does not exist in practice. This is not only abstractly opposite to our Law and international obligations, but also entails quite concrete, grave possibilities of civil rights’ infringement. A lot of adequate attention is dedicated to protection of highly sensitive data everywhere in the democratic world. It seems redundant to explain the reasons for that, so it is really very important to adopt at least minimum normative frameworks for protection, as soon as possible, and afterwards persistently and consistently insist on their implementation.