1. František Nonnemann Skopje, 9th October 2012 JHA 48785 DP aspects related to provision of information about public figures in CZ

2. Content of presentation Introduction Legal background – European level Legal regulation – CZ level Cases from the Czech republic Discussion 2

3. Introduction Importance of FoI for public control. Privacy is all-embracing, public figures have the right to protect their private life on some level as well. Traditional collision: freedom of information vs. privacy protection and personal data protection. Contradictory or complementary principles? 3

4. Council of Europe Convention no. 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data: Nothing. 4

5. EU Level Charter of Fundamental Rights of EU: § 7: Everyone has the right to respect for his or her private and family life, home and communications. § 8/1: Everyone has the right to the protection of personal data concerning him or her. 5

6. EU Level Charter of Fundamental Rights of EU: § 11: Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. 6

7. EU Level Directive 1995/46/EC § 9: Member States shall provide for exemptions or derogations from the provisions of Chapter II, IV and VI for the processing of personal data carried out solely for journalistic purposes or the purpose of artistic or literary expression only if they are necessary to reconcile the right to privacy with the rules governing freedom of expression. 7

8. FoI and Data Protection Mutual relations of FoI and personal data protection: Convention no. 108: nothing. Charter of Fundamental Rights of EU: nothing. Directive 1995/48/EC: nothing. Solution is on the member states. 8

9. Czech legislation Charter of Fundamental Rights and Basic Freedoms: Part of Czech constitutional system § 7/1: The inviolability of the person and of her privacy is guaranteed. They may be limited only in cases provided for by law. 9

10. Czech legislation Charter: § 10: Everyone has the right to demand that her human dignity, personal honour, and good reputation be respected, and that her name be protected. Everyone has the right to be protected from any unauthorized intrusion into her private and family life. Everyone has the right to be protected from the unauthorized gathering, public revelation, or other misuse of her personal data. 10

11. Czech legislation Statutory level: Act No. 106/1999 Coll., on Free Access to Information Act No. 101/2000 Coll., on the Protection of Personal Data 11

12. FoI Act Extensive scope of subject obliged to provide information, i.e. big number of potentially affected persons. Request for information without need justification or expressing the reason. What is provided on request must be published on web after that. 12

13. FoI Act and DP Act § 8a: The obliged body shall provide information related to the human personality, manifestation of personal nature, privacy of personal nature and personal data in accordance with the legal rules regulating their protection. That means – in accordance with DP Act. 13

14. Recipient of public funds § 8b: The obliged body shall provide basic information about the person to which public funds were granted. § 8b/3: Categories of personal data that should be provided: name, year of birth, residence, amount, purpose and conditions of public support which was provided. 14

15. DP Act General obligation - § 5/3: If the controller processes personal data on the basis of a special Act, he shall be obliged to respect the right to protection of private and personal life of the data subject. Principle of proportionality. Other obligation – process personal data only on the basis of legal title. 15

16. Legal titles § 5/2/a: The controller may process the data without the consent of data subject if he is carrying out processing which is essential to comply with legal obligation of the controller. § 5/2/f: The controller may process the data without the consent of data subject if he provides personal data on a publicly active person, official or employee of public administration that reveals information on their public or administrative activity, their functional or working position. 16

17. Conclusion of legal framework About recipient of public funds could be provided above mentioned scope of data. About the others only within the § 5/2/f, ie. only about publicly active person or public employee and only information about his/her public activity or working activity. Both is possible without consent. 17

18. Practical examples There is no information commission in CZ. Partially Ministry of Interior – appeal body against decisions of local governments, Police etc. Important role of the jurisprudence of the supreme courts and of the decisions of DPA. 18

19. Salaries of public servants No explicit legal regulation. DPA admitted only information about salary levels, not exact number. Decision of the Superior Administrative Court: Public servants are recipients of public funds, their salaries are public. Application of §5/3 of DP Act – common opinion of Ministry of Interior and DPA: publicity depends on position of specific servant, they are not generally accessible. 19

20. Membership of judges in communist party Information about political attitudes are sensitive data, specific legal title, § 5/2/f of DP Act cannot apply. Constitutional court: information about membership of publicly active persons (judges) in communist party is not sensitive, § 5/2/f of DP Act should apply, the data can be provided. 20

21. Membership of judges in communist party II Why the information is not sensitive? Information about membership in political party does not always testified about political conviction. Communist party was not standard political party, entry into it was mostly not caused by the conviction but by the utilitarian reasons. 21

22. Police intervention Request for information –who from the Police took part in specific police intervention. DPA was asked by Police if the information could be provided. DPA: Participation of specific policemen in the concrete intervention concerns with his public activity. DP Act does not defend to provide this information. 22

23. Disciplinary punishment High police officer disciplinary punished for causing car accident with police car during his working time. Request for information about the punishment. DPA was consulted by Police. DPA: Requested information is about public servant and his working activity, DP Act does not defend to provide this information. 23

24. Thank you for your attention. Questions? frantisek.nonnemann@uoou.cz 24