The Agency for the Protection of Personal Data (AZLP) ordered "Montefarm" to delete previously collected recordings from the video-surveillance system in the facility of the "Jadran" pharmacy in Ulcinj and to take measures in the same pharmacy so that two of the nine cameras in that facility would not be used in the future. filmed customers, visitors and employees, but only the part where medicines are dispensed and where the fiscal cash registers are.
In the decision published on the AZLP website, it is recalled that on May 28, 2024, the Agency was sent an initiative for monitoring, in order to determine whether the processing of personal data via video surveillance in the premises of "Montefarm's" pharmacy "Jadran" in Ulcinj , legal.
In the initiative, as they explain, it is stated that the video surveillance was installed in 2020 by the decision of the director, and without the consent of the employees, that the surveillance consists of nine cameras:
"One of which has a microphone module installed with which audio monitoring is carried out, and that in this way the privacy of employees and other persons staying in the pharmacy is violated, that in this way psychological pressure is exerted and employees' privacy is violated and conversations with clients (audio-surveillance)".
During the surveillance on August 27, the decision states, it was established that there was no public notice of video surveillance on the front door of the pharmacy, and that the public notice - a sticker - was on the counter in the pharmacy, and that it did not contain a telephone number to which they can get information about where and how long recordings from the video surveillance system are stored.
It is also added that it was established that the pharmacy "Jadran" has the Decision on the introduction and reasons for the introduction of video surveillance, the opinion of the employee representatives on the introduction of video surveillance, that before the introduction of video surveillance, the employees were informed about it, that internal rules were adopted processing and protection of personal data, as well as that the subject of supervision submitted a notification to the Agency about the records of the video-surveillance collection on the prescribed form.
"During the surveillance process, a camera was observed that is not connected to the DVR device, and which, according to the statement of the authorized person, serves to register the entry/exit of employees to/from the premises of the pharmacy - electronic check-in. According to the statement of the authorized person, it is not about video surveillance, that is, about cameras that make video and audio recordings, but about cameras that take pictures of persons, that is, employees who are checked electronically when entering and leaving the premises, and access to the data is given to an authorized person in ZU "Montefarm" pharmacies of Montenegro in Podgorica", reads the decision.
It was established that two cameras are recording videos contrary to the Personal Data Protection Act. One makes a video recording of the drug dispensing counter, "and with its perimeter it covers a large part of the interior of the pharmacy, so it also records the visitors." Another camera makes a video recording of the drug dispensing counter (side) and the entrance to the pharmacy (from the inside), "and with its perimeter it captures a large part of the interior of the pharmacy, so it also records visitors."
In relation to the established irregularities, it is added, the subject of supervision was instructed to delete the recordings from the video surveillance system collected in the previous period, to publicly display a notice about video surveillance at the entrance to the pharmacy, and that the notice must contain the phone number to which they can get information on where and how long recordings from the video-surveillance system are stored, as well as the name of the person who performs the video-surveillance...
It was also indicated that the two disputed cameras should be redirected or dimmed by software...
"...in such a way that the perimeter of the cameras does not cover the space for parties and visitors, as well as the workplaces of employees, with the exception of the part that refers to the space for issuing/purchasing medicines - fiscal cash registers", the decision states.
However, on September 19, 9, the Agency was sent an objection to the minutes, in which the pharmacy, among other things, stated that, according to the Law on the Protection of Persons and Property, pharmacy establishments are mandatorily protected objects, and that technical protection is necessary in order to prevention of illegal actions. They added that the public sector can conduct video surveillance of access to official/business premises for the safety of persons and property, entry/exit control or if there is a possible risk for employees due to the nature of the work. They also stated that one group of patients are consumers of psychoactive substances, "and that in this sense there is an increased need for video surveillance in order to prevent illegal actions and identify perpetrators".
The Council of the Agency, however, considered that the objection was unfounded, and in the decision they state that the AZLP controller found that video surveillance in the pharmacy "Jadran" is carried out on a larger scale than is necessary to achieve the purpose of the processing, "which is contrary to the article 2 of the Personal Data Protection Act".
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