(FRA) Biometrics for the future of travel expert group meets

Date of article: 22/04/2021

Daily News of: 23/04/2021

Country:  EUROPE

Author: European Union Agency for Fundamental Rights

Article language: en

Data protection, privacy and new technologies FRA took part in the online expert meeting of the Frontex Technology Foresight on Biometrics for the future of Travel group. DOWNLOAD FRA'S UNDER WATCHFUL EYES REPORT DOWNLOAD FRA'S AI REPORT DOWNLOAD FRA'S FACIAL RECOGNITION REPORT FRA provided fundamental rights expertise to the discussions based on its reports on the use of biometrics in the EU IT systems(link...
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Reduced TV Fee for Everyone With a Pension Under 1,500 Kuna

Date of article: 16/04/2021

Daily News of: 23/04/2021

Country:  Croatia

Author: People's Ombudsman of Croatia

Article language: en

For a large number of pensioners, especially those receiving the lowest pensions, the difference between 40 and 80 kuna a month is not a negligible amount. Additionally, those living in rural areas use television as their only source of cultural content, information and entertainment.

Media reports about a pensioner who was not granted a reduced mandatory TV fee despite the fact that she was receiving a pension lower than 1,500 kuna (ca. 200 EUR) is just one of the cases based on which we warned the state-owned Croatian Television that this benefit needs to be granted to everyone under the same conditions. A series of news reports covering this citizen’s case resulted in the national TV broadcaster making an exception for her, which is a positive outcome. However, as we stress in our recommendations on the subject, exceptions are not an appropriate manner of supporting the citizens living in unfavourable financial situations. Instead, systemic solutions must be applied.

The Benefit Can Depend on the Amount of the Pension, But Not It’s Source or the Date of Becoming a Registered Viewer

As Croatian Television said in a statement, the main purpose of the reduced fee is to assist the groups of pensioners at highest risk of poverty – those with pensions of less than 1,500 kuna. This is commendable; however, granting or refusing to grant the benefit depending on the source of one’s pension is unacceptable. Thus, in 2016 we issued a warning to CT and recommended extending it to all persons with pensions not exceeding this amount. The company refused, claiming they were unable to verify whether the pensions that are not paid out of the state budget meet the census.

Currently, the benefit cannot be received by anyone who earned their pension abroad, most commonly in the neighbouring countries, even if it does not exceed 1,500 kn, neither by those who became Croatian Televisions registered viewers after 12 October 2015, which was the case with the pensioner we mention above.

Warning Croatian Television Again, Recommending Co-operation

With all this in mind, we issued a repeated warning to Croatian Television, urging them to grant the benefit to all pensioners who are registered viewers and whose pensions are below the set census, regardless of the source from which the pensions themselves are paid out. This would be in line with the provisions of the Antidiscrimination Act, which allows for the preferential treatment of the persons in unfavourable financial situation via social policy measures. We emphasised the fact that benefits such as this one must be granted to everyone under the same conditions, applying clear, proportionate and neutral criteria. The company can prevent potential misuse by co-operating with the Ministry of Finance, which has the data on the sources of all pensions, including those not paid out of the state budget.

Pensioners Cannot Be Denied the Benefit Because of Misuse Risk

It is not acceptable for the reduced fee benefit to be withheld from the “new” pensioners or those who have only recently become registered viewers, provided that they meet the set conditions. The date of the entry into the register of viewers taken into account when granting this benefit was set so as to avoid potential fraud. However, it fails to take heed of the fact that legitimate changes to the registry entries are fairly common, especially in the elderly population. Finally, the potential for misuse cannot be used as a reason to deny the benefit to the new pensioners if they meet all of the conditions for receiving it.

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(PE) Destacados del pleno. Bruselas, 26-29 de abril 2021

Date of article: 22/04/2021

Daily News of: 23/04/2021

Country:  EUROPE

Author: European Parliament

Article language: es

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(PE) L'essentiel de la plénière - 26-29 avril 2021 - Session plénière

Date of article: 22/04/2021

Daily News of: 23/04/2021

Country:  EUROPE

Author: European Parliament

Article language: fr

Newsletter, 26-29 avril 2021

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People’s Advocate position with regard to the large number of personal data Of Albanian citizens compromised for political purposes

Date of article: 20/04/2021

Daily News of: 22/04/2021

Country:  Albania

Author: People's Advocate of the Republic of Albania

Article language: en

Given the concerns of a large number of citizens regarding allegations of the collection and use of their personal data by a political entity, specifically the Socialist Party of Albania, the Institution of the People's Advocate states that obtaining and using personal data of citizens by any political party is illegal, unless the citizens themselves have given a special written authorization for their use for the permitted purpose, or for other concrete cases provided by the legislation in force.

From the preliminary data and public communications, it results that the collection of publicly exposed data does not meet these conditions.

The collection of personal data of citizens without their consent is closely related to their private life. The right to protection of personal data is part of the rights protected by Article 8 of the European Convention on Human Rights (ECHR), which guarantees the right to respect for private and family life, home and correspondence and sets out the conditions under which restrictions on this right are permitted, for which the European Court of Human Rights has a rich jurisprudence.

Council of Europe’s Convention no. 108, as a legally binding international act, also deals particularly with the protection of individuals' data.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law, for example in interests of national security, public safety or the economic wellbeing of the country, for the prevention of disorder or crime, for the protection of health and morals, or for the protection of the rights and freedoms of others.

This fundamental right is also sanctioned in the Constitution of the Republic of Albania and more specifically in article 35 which clearly provides that no one may be obliged, except when the law requires it, to make public the data connected with his person. The collection, use and making public of data about a person is done with his consent, except for the cases provided by law, exceptions which are not related in any case to what has been made public through the media but also accepted in public positions by various political representatives during this week.

Even more concerning is that the argument of denying the fact of receiving and sharing this data by state institutions, representatives of this political force state that this data has been collected for years and updated over the years without taking into consideration that it is prohibited by law.

Political opinions and beliefs, are sensitive and deeply confidential data which includes any information about the individual, related to his racial or ethnic origin, political opinions, union membership, religious or philosophical belief, criminal conviction, as well as data on health and sexual life.

But the processing of personal data, as defined in the framework of prevention and criminal prosecution activities, for committing a criminal offense against public order and other offenses in the area of criminal law, or even in the area of national defense and security, can be performed only by the official authorities defined by law.

The institution of People’s Advocate wants to clarify the public opinion that it has a limited mandate regarding the protection of personal data, as with the approval of law no. 9887, dated 10.03.2008 "On personal data protection" the supervision and monitoring of personal data protection has passed to the Commissioner for Personal Data Protection, an independent special institution.

The People's Advocate, as part of its promotional mandate in the framework of fundamental human rights continues to have the guarantee of this right and in any case will ask every state institution to guarantee the implementation of this right to its highest standard.

The People's Advocate requires from the part of the state and law enforcement authorities to take all necessary measures to stop any illegal use of personal data and to clearly distance themselves from any political force from such practices that violate human rights. Under Article 17 of the Personal Data Protection Act, anyone who has collected, processed or stored personal data is responsible for compensating the damage owed to citizens.

To conclude, the People's Advocate expresses its concern that freedom of the media must be fundamentally guaranteed and that the democratic space in the country must not be compromised.

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