The Law on Unified Disability Expertise, in the part relating to the protection of personal data, is not in contradiction with the Law on Personal Data Protection, but it is necessary to specify and amend certain norms.
This is stated in the opinion of the Council of the Agency for Personal Data Protection and Free Access to Information (AZLP).
The Ministry of Social Welfare, Family Care and Demography, headed by the Minister of Social Welfare, Family Care and Demography, requested an assessment of the compliance of this regulation, while it was in the form of a proposal. Damir GuticThe law was adopted by MPs last week.
The Agency Council, through its analysis, has identified several provisions that, in their opinion, are of particular importance for the protection of personal data.
They reminded that the Institute for Unified Disability Expertise keeps records of experts and that in that case it has the capacity of a controller of the personal data collection, so they emphasized that the principle of proportionality and necessity must be taken into account in data processing.
From the AZLP Council, headed by Željko Rutović, point out that medical documentation falls into special categories of personal data and that the Institute, as the controller, is obliged to implement measures of special protection and marking of documentation in accordance with the Regulation on the method of marking and protection of special categories of personal data.
When it comes to maintaining the Register of Persons with Disabilities, the AZLP Council reminds that there must be no "excessive processing of personal data".
Last week, the Parliament of Montenegro adopted the Law on Unified Disability Assessment, which, among other things, provides for a unified system of disability assessment. According to this regulation, the Institute for Unified Assessment will be established, which will maintain a unified record and registry of persons with disabilities.
As Minister Gutić previously said, the Law defines that the procedure for a unified disability assessment is an assessment of the existence of long-term physical, mental, intellectual and/or sensory impairment.
The law envisages the abolition of more than 40 existing commissions in five sectors and the introduction of a centralized system through the establishment of the Institute, which will perform expert assessments according to a unified methodology.
In this way, instead of determining disability in several different departments, all assessments will be unified in a single procedure.
The decision on the status of a person with a disability and the level of support required, which will be issued by the Institute, will be valid for all areas - from social and health care, through employment, to the education of children with developmental disabilities.
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