The decision that the premises where more than 30 people are located can be entered only by showing the vaccination certificate has raised the issue of whether the rights to personal data protection and privacy of the citizen are being violated. Uranija Pirovska from the Helsinki Committee says that some austerity measures are allowed if they are for the protection of public health. It calls on the institutions to immediately issue a legal act which will guarantee that the personal data of citizens are protected.
“There is no document in which certain rights are treated, which is no exception to that rule when it comes to respecting human rights and when it comes to public health. I must emphasize that the State Market Inspectorate and the Personal Data Agency will have to find a legal way for the persons who will control the hotel facilities. In this way, citizens will be protected from misuse of personal data. “No measure should cause legal uncertainty to citizens,” said Pirovska.
The Agency for Personal Data Protection says that there is no violation if during the verification personal data are not stored somewhere.
“If a visual verification of the SARS-CoV-2 virus immunization certificate is performed (whether in written form or stored on a digital device) and, above all, no personal data is retained during such verification, it does not constitute” processing of personal data ”and consequently such activity is outside the scope of the Law on Personal Data Protection”, explained by AMDhP.
Acting Director of the Market Inspectorate, Aneta Simeska Dimoska, say they will not have the right to identify citizens if they have a certificate. Inspectors will demand accountability from law enforcement officers and this will be regulated by law by tomorrow at the latest.
“At the moment, preparations are being made and a plan for how we will act. Based on the competencies and legal frameworks of how we should act. By the end of the day until tomorrow we will have precise instructions. We do not have the right to check whether the citizens have a certificate, this is not our competence. The guests will be checked by the law enforcement officer, while we will check the hoteliers and law enforcement officers whether they are doing their job “, said Simeska Dimoska.
Former Constitutional Judge Trendafil Ivanovski says that for this the Government first had to make legal changes, and then take decisions on new restrictive measures.
“The government or any competent body that imposes the measures must find the legal framework. The Government cannot take decisions outside the system and outside the laws. The government must adhere to the rules and its obligations and there must be coverage for this. “If there is no law, then this is an anarchic action,” Ivanovski said.
The Minister of Health, Venko Filipçe, when asked if these new rules are violating the privacy of the citizen, told “TV21” that the certificate is required all over the world and it is not privacy if we tell someone that we are vaccinated. He adds that they have prepared a “Common-pass” application with which the bar code of the certificate will be scanned.
