The proposal for the Rulebook on the control of property, income and lifestyle of police officers does not contradict the provisions of the Personal Data Protection Act, but it is necessary to specify the method of data processing when controlling persons related to them, is the position of the Council of the Agency for the Protection of Personal Data and Free Access to Information .
The opinion states that the Rulebook defines the concept of related persons, but that "it is not clear how personal data will be processed during the control of related persons, so the Council of the Agency is of the opinion that the same should be specified".
In March, the Ministry of Internal Affairs (MUP) - the Directorate for Normative Affairs and Police Development requested an opinion on the compliance of the Draft Rulebook with the Law.
According to the Law on Internal Affairs, all police officers are obliged to submit a report on assets and income, as well as assets and income of married and common-law spouses and children living in a joint household to a separate organizational unit.
The detailed method of submission and the form of the report is provided for in the Proposed Rulebook.
"Having in mind Articles 9 and 10 of the Law on the Protection of Personal Data, which defines and regulates the processing of data with the consent of the person, the aforementioned article needs to be amended in such a way that, in addition to the law regulating the business of credit institutions, the law regulating governs the protection of personal data", is the assessment of the AZLP Council, headed by him Željko Rutović.
They specify that Article 8 of the Draft Rulebook stipulates that the accuracy and completeness of the information in the report is checked by the competent official, by comparing that data with the data of authorities and legal entities, which are available in accordance with the law.
"When the official, authorized to control the work of the Ministry, checks the accuracy and completeness of the data by comparing that data with the data of the authorities and legal entities that dispose of that data as operators of personal data collections, he is obliged to submit to them a request containing information on the categories of personal data that are requested , their purpose, the legal basis for using and providing data for use, the time of use and sufficient data for the identification of the person whose data is requested, in accordance with Article 17 paragraph 2 of the Law on the Protection of Personal Data", specified in the opinion of the AZLP Council.
From that institution, they warned that the operator of the collection of personal data and the processor of personal data are obliged to provide technical, personnel and organizational protection measures.
"If the processing of personal data is carried out electronically, which is the case in this case, the operator of the collection is obliged to ensure that the users of personal data, the data that was processed, the legal basis for the use of the data, the number of the case, the time of deregistration are automatically recorded in the information system and logins from the system. The operator is obliged to determine which employees and which personal data they have access to, as well as the categories of data that can be made available for use and under what conditions, as well as to keep records of users of personal data in accordance with its act. The Ministry is obliged to include the mentioned measures when drafting the internal act from Article 4 of this Ordinance", the AZLP concluded.
Minister of Interior Affairs Danilo Šaranović he recently told journalists that the rule book will be the basis for checking the property and lifestyle of all police officers, and that it will be completed as soon as possible.
"So, our goal is not only to discover any illegal behavior of police officers, but also to protect professional police officers from this kind of burden..." said Šaranović.
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