Press Releases - Archive

With the regard to increasing interest in problems in connection with processing of citizens' personal data by retailers, the Commissioner for Information of Public Importance and Personal Data Protection emphasized again that in principle, in addition to citizens' freely given consent, a basis for processing of citizens' personal data can only be the law, rather than any secondary legislation.

In that regard, Commissioner Rodoljub Sabic also said the following:

Commissioner for Information of Public Importance and Personal Data Protection Rodoljub Sabic had a meeting today with Nebojsa Stefanovic, Minister of Internal Affairs, to discuss possible improvements in the regulatory framework and other conditions concerning the various forms of personal data processing conducted by the Ministry of Internal Affairs.

In the mid-August, the Commissioner for Information of Public Importance and Personal Data Protection initiated the oversight of compliance with the Law on Personal Data Protection in all commercial banks operating in the Republic of Serbia (29), requesting them to state whether they collect their clients' personal data for the purpose of cooperation with tax authorities of the USA in implementation of their FACTA and particularly whether they transfer the collected data out of the Republic of Serbia for that purpose.

On the basis of received replies, it has been found that 14 banks process personal data for this purpose, but this "cooperation" in all cases includes only determining whether a client is a USA taxpayer, without transferring personal data out of the Republic of Serbia.

The Commissioner will send a warning to all these banks that in the absence of a signed and ratified FACTA agreement, there is no valid legal basis or purpose for such data processing and particularly that transborder transfer of personal data would constitute a serious, punishable offence under Article 57 of the Law on Personal Data Protection.

While the Commissioner for Information of Public Importance and Personal Data Protection welcomes the fact that the general public and the media have taken a keener interest in information concerning debts for public utility bills and liabilities under public law, such as taxes, contributions etc., seeing it as both legitimate and logical, he nevertheless cautions that such information, insofar as it relates to natural persons, may constitute an invasion of citizens' privacy and reminds that, in this context, the public's rights are subject to certain restrictions provided for by the law.

In this regard, Commissioner Rodoljub Sabic said: