If the Ministry of Labor and Social Welfare were to submit the unique identification numbers (NIDs) of parents or guardians to the Post Office of Montenegro for the purpose of their easier identification when paying child allowances, this would not be in accordance with the Personal Data Protection Act.
This is the opinion of the Council for the Protection of Personal Data and Free Access to Information (AZLP), which it heads Željko Rutović.
Ministry Admir Adrović At the end of November, AZLP was approached to give an opinion on whether it is in accordance with the law for that department to supplement the documents that are delivered to the Post Office every month with a column about JMB, which would not be printed on money orders, but only counter workers of the Post Office would have access to that information. . Further, as stated in the request, counter workers at the Post Office would only have access to the JMB after inspecting their identification document and entering it into the application during the aforementioned payments. Also, it is stated that there is a significant number of children, i.e. their parents or guardians, with the same name, surname and address - mostly bb addresses, so it is impossible to determine the identity of the recipient when delivering mail, which is why child allowance cannot be paid.
"In this particular case, the Ministry of Labor and Social Welfare keeps official records of the holders of the right to child allowance for a specific purpose, and further processing of the JMB of these persons cannot be used for the purpose of communication between the party and the authority that pays the child allowance" , it is stated in the document signed by Rutović.
The opinion further states that the Law on Social and Child Protection does not prescribe the type of personal data that is processed for a specific purpose, and from the aspect of personal data protection, it is emphasized that JMB is personal data whose purpose and method of processing are prescribed by law, from which it follows that it cannot be delivered to a third party for use without a legal basis and whose further processing cannot be carried out in situations where it is possible to achieve the purpose in another way.
The document states that it is important to emphasize that this is a small percentage of child allowances, out of the total number of anticipated payment orders that the Post of Montenegro receives from the Ministry of Labor and Social Welfare, and which cannot be realized due to the imprecise address of the holders of the right to the allowance for children or the fact that there is a certain number of users with the same first and last name, as well as in situations where the same was not at the registered address.
In situations where it is not possible to realize the payment of the child allowance specified in the request, the AZLP Council believes that the Ministry is obliged to keep up-to-date official records based on the data that the holders of this right submit in the application for exercising the right to child allowance, which are in obliged to report any change in the child's address of residence.
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