prijava
SARAJEVO, May 27 (FENA) - The European Union's Regulation on the general data protection regulation (GDPR) with regard to the processing of personal data and the free movement entered force on May 25, and is directly applicable in all EU countries, but it will have an impact on citizens of Bosnia and Herzegovina as well, irrespective of harmonization of domestic legislation, confirmed in the interview with FENA, Director of the Agency for the Protection of Personal Data in BiH Petar Kovačević, adding that according to Article 3 of the Regulation, it follows that it will be applied to the processing of personal data within the activities of business entities based in the EU, regardless of whether the processing of personal data is done in the EU or not.
Author: Hana Imamović
"If the data controller that is based in the European Union has business branches in Bosnia and Herzegovina or in any way provides services to BiH citizens then these regulations will apply to the citizens of BiH as well," explained Kovačević.
It is Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data putting Directive 95/46 / EC (General Regulation on Dana Protection) out of force.
This Regulation in Article 2 prescribes, emphasizes Kovačević, that companies from Bosnia and Herzegovina operating in the European Union or offering goods or services to citizens of the European Union are obliged to apply the Regulation.
"Therefore, in the event that domestic legislation does not comply with the European legislation, the regulations on the protection of personal data will apply under certain conditions to both BiH citizens, and domestic controllers if they do business with the EU," said the director.
However, he added, at the moment, it can not be predicted to what extent the Regulation will be reflected on the work of individual institutions and business entities, since it is a matter of extensive processing of personal data for different purposes, and whether it will be necessary to find a solution that such processing be harmonized with the EU standards and the existing legislation in BiH.
As for the citizens of BiH, Kovačević underlined that they will be given easier access to their data, and will be able to be informed in a clear and understandable manner about how and for what purposes their data is being processed.
"The Regulation introduces "the right to be forgotten", which means that the respondent can ask the company or any organization to delete their data when he/she does not want their personal data to be processed, provided that there are no legitimate reasons for preserving the dana," explained Kovačević.
In this Regulation, as Kovačević noted, children are recognized as particularly vulnerable category because they can not adequately dispose of their personal data, or they are often unaware of the dangers they are exposed to in an event of careless management of their personal data.
"For this reason, children will be able to use certain Internet services for which personal data should be provided solely with parental consent," said Kovačević and added that BiH will apply the Law on Personal Data Protection until new law enters into force which should be harmonized with the EU Regulation," he added.
Under the Stabilization and Association Agreement, BiH took over the obligation to harmonize domestic legislation with the EU acquis (the deadline is June 1, 2021), and this obligation also applies to the harmonization of the Law on Personal Data Protection with the General Data Protection Regulation.
Director of the Agency for the Protection of Personal Data of BiH, Petar Kovačević, noted that actions have already been taken on the drafting of a new Law on Personal Data Protection that will be harmonized with this Regulation, and it is planned to complete it and refer it to parliamentary procedure as soon as possible.
(FENA) S. R.
