News in English     | 17.01.2020. 11:38 |

BiH Court dismisses HJPC lawsuit against the decision of Data Protection Agency

FENA Press release

SARAJEVO, January 17 (FENA) - The Court of Bosnia and Herzegovina has dismissed as unfounded a lawsuit filed by the High Judicial and Prosecutorial Council of BiH seeking to annul the decision of the BiH Personal Data Protection Agency, concluding that, contrary to the lawsuit's claims, the impugned Decision is based on a proper established facts, and the proper application of the rules of procedure that preceded the adoption of the final administrative act and the correct application of the law.

The Personal Data Protection Agency of BiH conducted, ex officio, legal proceedings against the High Judicial and Prosecutorial Council of BiH (HJPC) as the issuer of the Rulebook prescribing the processing of personal data contained in the financial statements of judges and prosecutors.

The Rulebook was issued by reference to the provisions of the HJPC Law, which provides for an obligation to submit to the HJPC, in the prescribed form, the annual financial report, specifying the activities performed by judges and prosecutors outside the duties of judges and prosecutors, including the amounts charged.

The subject matter of the Rulebook is prescription of the rules and procedures for the submission of financial statements, the manner of checking, processing, keeping and accessing these reports.

Upon completion of the procedure, the Agency found that the HJPC has no legal basis to process personal data in the manner and for the purpose provided for in the Rulebook, since it exceeded the powers of the HJPC Law, in such a way that the provisions of the Rulebook significantly extend the purpose of processing personal data in relation to one that is legitimate under the provisions of the HJPC Act.

The Agency has determined that the processing of personal data, in the manner and to the extent prescribed by the Rulebook, is based on arbitrariness, that is, it exceeds the limit of the powers given by the provisions of the HJPC Law, and is contrary to other regulations including the Law on Protection of Personal Data, Law on Unique Identification Number but also the Convention against Corruption.

Finding a violation of the principles of fairness and legality, the Agency in its Decision has prohibited the HJPC from processing the personal data of judges and prosecutors in the manner prescribed by the Rulebook, and, within 15 days of receiving the Decision, it has to inform the Agency of the measures taken to implement the said Decision, stated the Personal Data Protection Agency in BiH.

(FENA) S. R.

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