AZLP: We are not competent for video surveillance cases on private property

The Agency for Personal Data Protection and Free Access to Information (AZLP) is not competent to act in cases in which video surveillance is carried out by individuals on private property, the institution announced.

They said this in response to a statement from the Police Directorate, which yesterday called on the AZLP to, within its legal jurisdiction, remove surveillance cameras recording public areas.

The agency called on the Ministry of Internal Affairs (MUP) to, instead of, as they stated, misinforming the public, take responsibility for resolving issues within its jurisdiction.

The Personal Data Protection Act, the AZLP points out, explicitly stipulates that the law does not apply to natural persons when they conduct video surveillance on their private property.

"In accordance with the aforementioned legal norm, the Agency Council took a clear position on November 17, 2017 that the Agency is not competent to act in cases in which video surveillance is carried out by natural persons on private property."

As they stated, based on the above, the AZLP has on several occasions, specifically towards the Ministry of the Interior and the Police Directorate, clearly, precisely and with arguments, indicated the limits of its jurisdiction.

"Despite this, public statements continue to imply the Agency's jurisdiction in these cases, thus creating room for shifting responsibility."

They also pointed out that the AZLP, in a letter dated April 8 last year, initiated a meeting with representatives of the Ministry of Interior (Police Directorate - heads of regional centers), precisely with the aim of preventing such situations and ensuring legal and coordinated action in cases within the Agency's jurisdiction.

They emphasize that the Ministry of Interior did not respond to that call.

"We consider it extremely inappropriate that, instead of institutional cooperation and problem solving within the framework of legally prescribed competencies, information is being released to the public that attempts to hold the Agency responsible for actions that are not within its jurisdiction," adds the AZLP.

They recall that, in a similar context, they informed the Basic State Prosecutor's Office in Cetinje of their lack of jurisdiction in these cases, which confirms their indiscriminate treatment.

"We call on the Ministry of Internal Affairs, instead of misinforming the public, to take responsibility for resolving issues within its jurisdiction, within its legal authority," the Agency said, adding that they remain open to cooperation, but exclusively on the basis of the law, mutual respect and clearly defined responsibilities.