AZLP: Claims that we "switched theses" are unfounded

The Agency for Personal Data Protection and Free Access to Information (AZLP) reiterated that they are not competent for cases of video surveillance on private property, and that in order to avoid further public controversy and ensure the proper application of the law, they will initiate a meeting with representatives of the Ministry of Internal Affairs and the Police Directorate, in order to resolve open issues through institutional dialogue.

In response to the Police Directorate's reaction, the Agency for Personal Data Protection stated that in accordance with the Law on Personal Data Protection, the Agency is the competent authority for supervising the legality of personal data processing, including processing through video surveillance systems, but exclusively in cases in which this law applies.

"The Agency's jurisdiction, in accordance with the Law on Personal Data Protection, applies exclusively to data controllers who process data in a manner prescribed by law. In this sense, the Agency's supervision includes legal controllers of video surveillance systems. If a natural person does not have the status of a controller within the meaning of the law, or does not process data within the prescribed purpose and conditions, any violations of rights arising from the recording of a public area do not fall under the Agency's jurisdiction, but can be achieved through a private lawsuit before the competent court. The Police Directorate's allegations that this involves recording public areas from private property do not call into question this legal provision, but rather indicate the existence of other forms of unlawful conduct, which are not within the Agency's jurisdiction, but may represent a matter of application of other regulations, including the provisions of the Criminal Code of Montenegro relating to unauthorized recording (from Article 174 of the Criminal Code of Montenegro)," said the AZLP.

They add that protection of rights in these cases is achieved before the competent court, and not through the Agency's supervision procedure.

"On the other hand, in all cases where the data controller is known, i.e. when video surveillance is carried out by public authorities, legal entities or through infrastructure that has the character of a public area (e.g. public lighting poles, electricity networks, etc.), the Agency undoubtedly has jurisdiction and acts in accordance with the law, including imposing measures to eliminate established irregularities. In this sense, the claims that the Agency has 'switched theses' are not well-founded, because the Agency consistently applies the applicable legal provisions in its actions and clearly distinguishes situations in which it has jurisdiction from those in which it does not."

The AZLP pointed out that the practice of data protection authorities in the countries of the European Union and the region cannot be automatically applied because each country regulates this issue independently in its national legislation.

"And the Agency's actions are strictly related to the applicable normative framework in Montenegro, which clearly defines the boundaries of jurisdiction. We would also like to remind you that, in accordance with Article 47 of the Law, the Agency's decision is made in the procedure upon a request for the protection of the rights of a person who believes that his or her rights have been violated, which additionally confirms that the Agency cannot act outside the framework prescribed by law. The Agency will continue to act exclusively within the limits of its legal powers and in order to protect the rights of citizens. In order to avoid further public controversy and ensure the proper application of the law, the Agency will initiate a meeting with representatives of the Ministry of Internal Affairs and the Police Directorate, in order to resolve open issues through institutional dialogue," the AZLP announced.