Organizers of online betting have the legal possibility to verify the data of users from Montenegro by software and not by physical inspection during registration with the Ministry of Internal Affairs (MUP), but no one has ever sent a request for such a thing to that department.
This is what the Ministry of Interior, which runs, told "Vijesti". Danilo Šaranović.
According to the Law on Games of Chance, for the purposes of registration for betting on the Internet, the player is obliged to submit, among other things, the registration number or identification number of the document (passport or identity card).
The Agency for the Protection of Personal Data and Free Access to Information (AZLP) told "Vijesta" that the organizers of games of chance process the personal data of participants, i.e. service users, on the basis of the Law on Prevention of Money Laundering and Financing of Terrorism and the Law on Games of Chance , and that they do not have the obligation to obtain consent from that Agency.
As they added, in the previous period, the Agency carried out several inspections at the organizers of games of chance, i.e. online betting, among others at MNA Gaming, Vesuvius and Meridian Bet, and stated that for the collection of identification documents electronically during the registration and verification of betting orders, "there is valid legal basis", in accordance with the Personal Data Protection Act for the purpose of fulfilling obligations from special laws.
Now they are looking for a birth certificate, then a document
The Agency also submitted to the newsroom a report on the monitoring initiative, which was submitted in January by the Network for the Affirmation of the Non-Governmental Sector (MANS), in order to determine the legality of the collection of personal data (identity card and passport) of citizens during the registration and verification of orders for betting on the internet.
In the minutes, among other things, it is stated that the organizer's personal data of the players are processed electronically, that they are stored in the online betting system, and that access to the personal data of the players who are registered for online betting "are available to the employees of the online betting service, in whose job description is, among other things, to determine whether the player meets the requirements for registration".
In the online registration process, the user leaves the number of the ID card and/or JMB, but also submits a photo of the personal document in order to check the validity of the entered data.
AZLP states this in the minutes after the inspection and states that according to the Law on Games of Chance, the organizer is obliged to identify the players during registration, in accordance with the law regulating the prevention of money laundering and financing of terrorism.
"After completing the registration procedure, the organizer assigns the player a player identification number. The closer method of player registration is prescribed by the Ministry. Pursuant to Article 72 paragraph 1 point 3 of the Law, misdemeanor liability is prescribed if the organizer of online games of chance registers a player on the basis of false data", according to AZLP.
The minutes also add that, according to the Law on Prevention of Money Laundering and Financing of Terrorism, before identification by electronic means, the client is obliged to submit a photocopy of the personal document in electronic form to the organizer of the online betting game.
"Prior to electronic identification, the obligee is obliged to obtain information about the client...", the minutes state.
MUP: No one is asking for help
In this regard, "Vijesti" asked the Department of Internal Affairs whether, when it comes to players from Montenegro, with documents and registration numbers from Montenegro, the exchange of data between the organizers of games of chance and the MUP could take place directly. between their base and the population register. In that case, there would be no need for the employees of the organizers of games of chance to have physical access to the data and personal documents of citizens.
The MUP clarified the basis and procedure for such a thing, but also said that so far none of the organizers of games of chance has sent them a similar request.
"Access to personal and other data from electronic databases generated by the Ministry of Interior is carried out based on the provisions of the law that prescribe the legal basis for access to said data, as well as the Instructions on direct access and use of personal and other data from electronic databases. The instruction stipulates that the user who wants to obtain data from the Ministry of Interior's databases must directly submit a request to this Ministry on the prescribed form. The aforementioned request must be signed by the head of the body that submits the request," explained the department.
As they added, in the part that refers to the conditions that the user must fulfill for direct access to the data, the existence of a legal basis and the fulfillment of technical conditions.
"Under the technical conditions, it is understood that the user has been issued a valid digital certificate by the authority authorized to issue digital certificates in Montenegro, as well as that the user has the possibility of achieving protected communication with the MUP computer system", they told "Vijesta".
As they added, the method of direct access to data must be in accordance with the regulations governing the field of electronic business.
"Also, we inform you that until today no request has been submitted to this Ministry by the organizers of games of chance for access to personal and other data from the registers, i.e. the records that are under the jurisdiction of this Ministry in the manner described," said the MUP.
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