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Montenegro: AZLP publishes recommendations on Coronavirus and data privacy
The Agency for Personal Data Protection and Free Access to Information ('AZLP') published, on 20 March 2020, its recommendations ('the Recommendations') on COVID-19 ('Coronavirus') and data privacy. In particular, the Recommendations highlight that the health data of citizens falls into a special category of personal data that can be processed when this is necessary for the detection, prevention and diagnosis of diseases and treatment of persons, as well as for the management of health services, if that data is processed by a healthcare professional or other person who is bound by professional confidentiality. Furthermore, the Recommendations stipulate that, under the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR'), the right to protection of personal data is not an absolute right and should be considered in relation to its function in society, as well as be harmonised with other fundamental rights, in accordance with the principle of proportionality. In this context, the Recommendations note that the processing of personal health data should be necessary and proportionate, relevant and limited to what is necessary for the purposes for which they are processed.
You can read the press release here and access the Recommendations here, both only available in Montenegrin.
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