It is not possible to install video surveillance in public areas and thus violate the right to privacy of citizens without the consent of the Agency for Personal Data Protection. However, the data obtained by the MANS Investigative Centre show that the city administration of Podgorica did just that at ten locations in the city, some of which include children’s playgrounds.
At the end of July this year, the Capital City installed video surveillance systems at ten locations in the city, announcing it as a pilot project aimed at improving the protection of property and safety of Podgorica’s citizens.
Thus, a total of 26 cameras were installed in King’s Park, near Petrović Castle, in Ivan Milutinović Park, Central Park on Pobrežje, Children’s Park, Podgorica Park, playground near Okovo, in Vučedolska Street and in Admirala Zmajevića Street in the settlement Stari Aerodorom.
Locations (parks and playgrounds) where the Capital City installed cameras
After the citizens reported suspicions that the video surveillance was set against the law, MANS informed the Agency for Personal Data Protection and Free Access to Information, which carried out an inspection of the Common Affairs Service of the Capital City Podgorica.
That the citizens’ suspicions were justified is also confirmed by the findings of the Agency, which stated that the Capital City set up the mentioned video surveillance in the parks and playgrounds without its consent, thereby, data on citizens were collected in an unlawful manner.
The Agency also stated that the Capital City did not adopt its own Decision on the introduction of video surveillance, which should have explained the reasons for its introduction, as well as the assessment of the impact on the privacy of citizens.
The minutes submitted to MANS also state that a number of installed cameras was not working, but in that case they also violate the law because they “cause a sense of control among citizens, which violates the right to privacy.” It was also stated that at the locations where the cameras are set, there is no notice that the area is under video surveillance, as prescribed by the law.
In connection with the identified irregularities, the Agency ordered the Capital City to delete the videos collected contrary to the law without delay, and to stop processing personal data collected in that way.
The right to privacy is a very sensitive issue, thus the Capital City, especially in this area, must be careful how it makes decisions that may result in violation of that right. The fact that the Capital City unlawfully collected personal data, without previously paying attention to clear legal obligations, is of great concern and shows the attitude of the city administration towards the citizens. A serious city administration should not allow itself this kind of omission, regardless of whether it is ignorance or complete disregard for the laws governing this area. Although we understand the intention to protect the state property, that must not be an excuse for disobeying the law that has resulted in violation of the right to privacy of the citizens of Podgorica.
MANS asked the Capital City for an explanation why they did not ask the Agency for the consent, whether the cameras were disabled in the meantime, and whether the illegally collected video material was deleted, but the Common Affairs Service that manages this system did not respond.
In the meantime, MANS visited all locations where the cameras are set up and noticed that there were posted signs that video surveillance was being carried out in parks and playgrounds, but when asked whether the cameras were still active and whether they had obtained the Agency’s consent in the meantime, we did not receive a response from the Capital City.
Lazar Grdinić
MANS Investigative Centre
