ENSURING THE PRIVACY OF CITIZENS IN CCTV SYSTEMS WITH REGARD TO PUBLIC SECURITY Sarajevo May 2016 CEEDPA INFORMATION AND DATA PROTECTION COMMISSIONER

CONTENT 2  Aim of the Draft Law  Legal Anticipations  Stages  Issues  Commissioner’s role  Commissioner‘s Instruction  Challenges of the Commissioner  Challenges of the implementation of the law

 Fight terrorism;  Improve security standards of the country;  Strengthen public security;  Boost fight against crimes, mainly organized one. 3

LEGAL ANTICIPATIONS  Placing and maintaining cameras in public and private areas;  Local Police determines the locations for placing cameras;  Bylaws enabling the implementation;  Exercising the right of complaint. 4

STAGES  The draft law was submitted to the Commissioner for feedback;  A legal opinion was drafted;  Closely cooperated with the working group;  The legal opinion was almost fully incorporated thereto;  The final bill must identify the co-authorship of the Commissioner in this draft law. 5

ISSUES  The Draft law superimposed powers;  Affected the Commissioner’s independence;  The controllers' role was not clearly identified;  No clarification was provided for the implementation of the law on personal data protection; 6

 The legal opinion of the Commissioner induced innovations in this draft law: 1. Defined the Commissioner’s powers pointing his independence; 2. Determined the bylaws for each authority; 3. Specified the role and obligations of the controllers’; 4. Pointed out that data processing shall be carried out in compliance with the data protection law; 5. The definition of personal data was reaffirmed; 7 THE COMMISSIONER’S ROLE

8 6. Defined the access restriction of the Police to cases determined for in their working activity and in the criminal law; 7. Adjusted the deployment of cameras in common facilities and condos in accordance with the specific legislation (with the consent of 75% of tenants); 8. Emphasized the obligation to notify the Commissioner ahead of any data processing, which certifies/legitimizes the onset of data processing;

9 THE COMMISSIONER’S INSTRUCTION ON THE LEVEL OF SECURITY FOR THE PROCESSING OF PERSONAL DATA 1. Approach which identifies and strengthens the Commissioner’s role. 2. The level of security safeguards for data processing shall be defined by the instruction of the Commissioner. 3. The enforcement of this act and the legislation of data protection at large, is supervised and monitored by the Commissioner.

CHALLENGES OF THE COMMISSIONER  Drafting bylaws pursuant to the law.  Monitoring of data processing by the controllers compelled to apply additional security measures.  Cooperation with the State Police for specific cases.  Enhancing capacities of the Commissioner’s Office.  Citizens’ awareness. 10

CHALLENGES OF THE IMPLEMENTATION OF THE LAW  Ongoing discussions relating to this law  Due to the lack of knowledge of the law  Due to prejudice to privacy,  Due to the financial costs, etc. 11

12 Thank you for your attention! INFORMATION AND DATA PROTECTION COMMISSIONER Adress: Rr. E Kavajës Nr.80/1 Tel: