The so-called security checks have been performed for decades to candidates for employment in the police, the military and security services or at enrolment in education for work in these institutions and these checks do not include only candidates, but their families as well
The case of a would-be student of the Crime-Police Academy Milica Milenkovic from Kraljevo, who was rejected because of a "negative security check outcome" without receiving proper explanation, arose the issue of justification of this procedure.
"Such activities, maybe not always but very often, can be disputable. Taking into account our constitutional and legal arrangements, processing of personal data is allowed only in cases envisaged by the law or with consent from a person to whom the data pertain. However, in both cases it must be clearly defined what kind of processing it is, what its purpose is, in what manner it will be performed, what its volume is, which data will be processed etc. I do not think this requirement is complied with if legal formulation or consent pertain to "security check" the content of which is unknown," said Mr. Rodoljub Sabic, Commissioner for Information of Public Importance and Personal Data Protection.
How does the Commissioner comment on the fact that candidates, because of whom the check is performed, do not have access to the content of a check, i.e. positive or negative outcome?
"My comment is of course negative. Since it is processing of personal data, I would first like to remind you about the provisions of Articles 19, 20 and 21 of the Law on Personal Data Protection, which regulate the right to information about processing of personal data, the right to insight into personal data and the right to a copy of personal data. And of course, not only form the aspect of data protection but also in general, I see as utterly controversial the possibility to deny any right to anyone for reasons which remain unknown to him or her", emphasized Mr. Sabic.
During these check, "family responsibility" is in a way introduced instead of personal responsibility because if someone's father, mother, brother or sister violated the law, he or she is considered unsuitable.
"It is not clear which data are included in "security checks" and it should be clearly and precisely defined, regardless of the fact whether it is processing in accordance with the law or on the basis of consent. This arises many delicate issues, particularly in connection with a circle of "third" persons whose data are also processed.
And of course, regardless of all that, I generally approve the opinion that it is inadmissible to automatically disqualify anyone just because his or her relative violated the law. Such possibility is a relict of the old "security culture" which is now a thing of distant past and it must completely disappear", concluded Mr. Sabic.
Can the police or security services under some circumstances legitimately collect personal data, including personal data of family members of a person of their interest, and deny a right to that citizen on the basis of those data?
"Of course there are situations when security checks are logical and justified. But, as I said, starting from the provision of Article 41 of Serbian Constitution, not only those situations but also the volume, the purpose, the type, the manner and other relevant issues in connection with processing should be precisely regulated by the law", said Mr. Sabic.
