Source: "Vreme"
Why do you ask?
People from whom personal data are requested in any such situation have the right to know why, to whom, in what scope and for what purposes shall they give them, adn whether they are obliged to give the data or whether that depends on their will. Answers to those questions must not be improvised, but must be stipulated by the law.
Public, used to hear from Rodoljub Šabić always when issue of accessibility of the information of public importance is tackled, was surprised to find out that he has during the First of May holidays also passed on a prohibition. Besides being the Commissioner for Information of Public Importance, Šabić is also Commissioner for Personal Data Protection. According to that function, he has passed a Decision Forbidding Further Personal Data Processing Within the “Centralized School Database and the System for Informing the Parents on Success of Pupils". The Provincial Secretariat for Education of AP Vojvodina and WDV Soft d.o.o. (Limited Liability Company) have been ordered to close, as soon as they receive the Decision, all accesses to database from the local and external networks and that within 10 days from receiving the Decision they should delete personal data from the quoted database for the total of 200,271 persons (pupils, parents, educational and extra-curricular staff).
In justification of the Decision, Šabić quoted that after supervision implemented based on official duty, it has been determined that the quoted database has been established and that it functions in a way which is completely opposing the provisions of Personal Data Protection Act. Article 42 of the Constitution of Serbia has determined that collecting, storing, processing and use of personal data shall be regulated by the Law. “Not a single legal provision determines the basis for establishing and functioning of such a data collection”, quoted Šabić in a media release. This big database the Provincial Secretariat has established in cooperation with WDV Soft d.o.o. (Limited Liability Company) contrary to Constitution, with reference to some of the conclusions by the Assembly and the Government of the AP Vojvodina. “It is completely clear that such conclusions can not in any case be assumed predominant to hierarchically superior enactments like the Constitution and the Law. However, independent from that, one should say that even the quoted conclusions have been interpreted in unacceptably broad manner, and have been implemented incorrectly and inconsistently”, said Šabić. He added that the database is very big, delicate and has nationwide importance, and is under the full administrative control of a private company which is in majority ownership of one foreign company and in minority ownership of four foreign citizens. So it has been significantly used for executing their commercial interests. The complete database is also located, instead on the servers of the Service for Joint and Common Affairs of the Provincial Authorities, on private company servers. Despite that the Service for Joint and Common Affairs of the Provincial Authorities according to Šabić’s words has better quality resources.
Due to engagement of foreign company WDV Soft for forming the school database in Vojvodina, the Republic Public Prosecutor’s Office has initiated preliminary criminal proceedings. The Secretariat stated that it shall stop the implementation of the Project "Centralized School Databases and System for Informing Parents on Pupils’ Success". The Provincial Secretariat for Education wrote in the statement that the Centralized Database was in the formation and testing phase, and that no infringement of the rights of pupils, parents and of other persons occurred. Notices were also sent to schools on project discontinuation and of cessation of all further activities related to it. Technical activities have been started in order to rescind the access to database from the local and external networks, writes in the Statement. According to the Business Registers’ Agency (Agencija za privredne registre - APR), company WDV Soft has been registered in Serbia on June 30, 2010, exactly one week after the Provincial Secretariat has announced the Tender for Submitting Database Compilation Project. APR data show that the majority ownership of this company has company “Spencer International LLC” with the seat in Washington, and as minority owners have been quoted Hungarian citizens Robert Geler, Čaba Juhaž and Gabor Berki.
The Provincial Secretariat and WDV Soft Company have delivered to the parents a letter with offer for using the Webskola.rs application. In order that the parents could use the application, they should buy the security card value of 600 dinars, and if they wanted on-line or SMS service package, they should have paid additional 1090 dinars. These days, Webskola.rs portal is not functioning, and on it is only the link directing the visitors to the Statement of the Secretariat on Suspending all Activities Pertaining to Database and Data Deletion.
Already by the end of March it was clear that such method of data collecting and the whole project is not proper, when information leaked into public on certain misunderstandings between the Provincial Secretariat for Education and the Ministry of Education. Namely, at that time, Boro Staničkov, Commissioner for Education for Western and Northern Backa County and the Head of Sombor School Administration, in the interview to daily “Pravda” (Justice) said that the Provincial Secretariat is circumventing the Ministry by sending contracts for e-grade books to schools. “A unique education information system on the Republic level has been established by the Law from 2009. However, the electronic-information system itself has right at the start shown many shortcomings, which should have been eliminated before implementation. Despite that, the Provincial Government has initiated introduction of e-grade books in schools, which thus assume certain obligations, and the Republic Ministry of Education has no influence on those agreements”, said Staničkov at that time.
Besides playing the key role in discovering the irregularities pertaining to school database in Vojvodina, it is highly probable that Šabić has by timely reaction also prevented occurrence of the similar affair on pan-Serbian level, regarding establishing the “Unique Information System in Elementary and Secondary Education of the Republic of Serbia”. After big number of complaints by the parents, from whom the schools requested sending data on their marital and employment status, nationality, etc. giving for that at least strange explanations, like: “If those data shall not be in the base, the child shall practically not be treated as pupil in the Serbian education system, and it would simply not exist”, Šabić met in mid-April with the Minister of Education, Žarko Obradović, in order to warn him and to give him certain explanations regarding personal data collection. “People who are requested their personal data in any such situation have the right to know why, to whom, in which scope and for what purposes they shall give them. And of course, to know if they are obliged to give the data, or if that depends on their free will. Answers to those questions must not be improvised, but must be stipulated by the law”, stated later Šabić. According to the same statement, Minister Obradović assumed the obligation to eliminate the current shortcomings, by suggesting adequate amendments of the Law on Foundations of the Education and Training System. Adopting those amendments shall be proposed following an urgent procedure, and according to the Minister’s estimate, they could be adopted by the National Assembly before the vacations.
