The Commissioner for Information of Public Importance and Personal Data Protection estimates that it is required to organize and conduct a continuous compliance analysis, on a relevant, state level, of measures and actions taken by security services, the police and the prosecutor's office, with the constitutional and legal guarantees of the right to personal data protection.
Having full, maximum consideration of the necessity for, importance and role of the activities of security services, the police and the prosecutor's office in combating crime, terrorism and protecting citizens' lives and property, it must be indisputable that these activities can and should only take place in compliance with constitutional and legal guarantees of citizens' rights.
In this regard, and given that lately, more and more often, in practice, the citizens, NGOs and journalists have been reporting to the Commissioner pointing out events calling into question compliance with constitutional and statutory guarantees of the right to personal data protection, the Commissioner reminds and warns that they are contrary to the Law on Personal Data Protection (and a series of other laws) and constitute inadmissible processing of personal data such as:
- processing of personal data of a very large number of people, when the purpose of processing is unclear or when its scope is clearly disproportionate to the purpose;
- processing of personal data on citizens' electronic communications without permission of the court, pursuant to the law;
- photographing or filming citizens by members of security services when it is not envisaged by laws on police, security services or the CPC;
- taking DNA samples or other biometric data from individuals under circumstances where such a possibility is not provided for by law;
- processing of particularly sensitive, e.g. health data, contrary to the express provisions of the Law on Personal Data Protection and the Law on Patients' Rights.
For the purpose of launching an analysis of outstanding issues and establishing practices that should ensure strict compliance with the constitutional and statutory guarantees of citizens' rights, the Commissioner will address the appropriate letters to the republic prosecutor, Minister of Internal Affairs and directors of the SIA, MSA and the police.