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BiH Court dismisses lawsuit of the Institute for Missing Persons of BiH.

The Court of Bosnia and Herzegovina has dismissed as unfounded a lawsuit filed by the BiH Missing Persons Institute seeking the annulment of a Decision by the BiH Personal Data Protection Agency, concluding that the Agency acted in accordance with the law.

The Agency, acting ex officio, in determining the facts and circumstances under which the personal data of missing persons and their families have been processed, issued a Decision ordering the Institute to conclude an agreement under Article 12 of the Co-Founder Agreement with the International Commission on Missing Persons.

The Agreement stipulates that the Institute shall, with the International Commission on Missing Persons, regulate relations relating to the technical assistance provided by the International Commission to the Institute, the provision of services in DNA laboratories, anthropological and archaeological assistance and other types of technical assistance, including procurement and/or the transfer of equipment and/or other means.

Considering the fact that the International Commission takes on a role as the data processor and the Institute as the controller, the obligation to conclude an agreement also derives from the Law on Protection of Personal Data.

However, the procedure establishes that the processing of personal data, which involves sampling for identification purposes, performing DNA analysis, exchanging data through DNA reports, and storing samples for DNA analysis, is in practice carried out without formally regulated rules and procedures that should have been the subject of special agreement between the Institute and the International Commission on Missing Persons.

The Agency found in the proceedings that the Institute failed to comply with legal obligations, thus violating the principle that obliges controllers to process personal data in a fair and lawful manner.

Thus, the Agency urges the heads of public authorities to refrain from baseless lawsuits, but to focus their attention and capacities on the lawful processing of personal data, it is said in the statement of the Agency for Protection of Personal Data of BiH.

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Publication:Federalna Novinska Agencija (Sarajevo, Bosnia and Herzegovina)
Date:Sep 3, 2019
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