Date: 30/05/2018

Briefing Session on Personal Data Protection

Assistant Secretary-General, from Commissioner's Office for Information of Public Importance and Personal Data Protection, Nevena Ružić, presented to AmCham members elementary postulates of harmonization with the GDPR (General Data Protection Regulation) in relation to work.

On this briefing session, challenges of harmonization of domestic legislation with the GDPR were initially presented, while emphasizing the need of regulating special areas of processing with the new Draft Law on personal data protection, which have caused many problems in practice so far, like video surveillance, bio metric data processing, but also data processing in relations to work. It has been indicated that the GDPR is the compound of healthy logic and good practice and that it is important for our legislation to be changed by the influence of GDPR.

After emphasizing elementary Commissioner’s doubts in interpreting the Draft Law, a special review was given to personal data protection in relations to work. The main discussion was about the acceptance in relations to work and especially the question whether voluntary acceptance exists and to what extent.

Nevena said that the elementary condition of legitimate data processing is the transparency of processing, so that people whose data is processing need to know that their data is processing. Employer has the obligation of exactly knowing every data necessity, because otherwise he enters the zone of unauthorized possession and procession of personal data. At each data processing, it is essential to ask the question – can the same goal be reached in a way which is less threatening to privacy?