In relation to ever more frequent announcements about the introduction of the large scale surveillance in apartment buildings in Belgrade and other places, the Commissioner for Information of Public Importance and Personal Data Protection warns that these matters have to be handled very seriously taking into consideration all the possible consequences when putting them to practise.

Regarding this issue the Commissioner has appealed to the Government of the Republic of Serbia to activate the process of implementing the modern standards of personal data protection into our legal system, the process that has stood still for two years, and as a minimum to complement the Personal Data Protection Law with suitable provisions on surveillance. The Commissioner has prepared the proposal for complementing the Law which he will deliver to the Government together with the formal initiative.

The Commissioner Rodoljub Sabic has also said:

“The announcement of implementing the action of the surveillance in apartment buildings on a scale not seen so far, is yet another opportunity to remind ourselves of the fact that general principles provided by the Personal Data Protection Law do not possess its precise interpretation when it comes to the surveillance.

Therefore, we do not have the right answers to some really important questions. Who determines and how on the introduction of the surveillance in buildings? What is under the surveillance exactly, that is what can be? Who and under what conditions has the right to access personal data basis which are formed during the surveillance? How long and how are these data basis protected from the unauthorized persons? Does the robust introduction of the surveillance means introduction of the measures which would be adequate response to bad experiences in violating privacy so far?

In relation to that I can remind you that in the vast majority of countries the introduction of the surveillance system into apartment buildings, because of the risks is not considered just a technical decision and therefore for making this kind of a decision it is necessary to have a qualified majority, much more than usual. For example, the laws in Slovenia and Montenegro provide that the majority is 70% and in Macedonia it is 100% of the apartment owners.

In many countries the surveillance means monitoring entering and exiting the common rooms, but not during the stay in that room. In some of them that kind of the surveillance of some common rooms, including elevators, is forbidden. Also, in many countries it is forbidden to film entering and exiting the individual apartments.

Finally, from the aspects of most widely accepted standards, it would have to be disabled to check the content of the surveillance system through internal or public cable television and similar ways, because it enables the indefinitely wide circle of users to violate the privacy of the citizens without real need and reason.

The need and the significance of taking steps to protect property and people, does not rule out the obligation to make these steps in balance with the purpose and not to violate citizens; rights guaranteed by the Constitution.”