Privacy Rights Should Not Be Violated

Tirana, February 7, 2006 

The Albanian Helsinki Committee has followed with attention news reports regarding complaints by some health sector employees, after they were asked to sign a document authorizing relevant authorities on preventing conflict of interest “to collect information and to inspect at any public and private institution personal data, anywhere they are registered, inside and outside the territory of the Republic of Albania.”

The Albanian Helsinki Committee is also aware that the People's Advocate is pursuing this issue. In fact, the People's Advocate has even recommended the suspension of the request to sign this authorization until it (PA) has completed a review of the case.

However, considering that the AHC has been receiving the same complaints, after reviewing the relevant documents, the Committee hereby submits its objections as follows:

First: The authorization refers to law no. 9376, dated 7.IV.2005 “On avoiding conflict of interest.” It does not mention the respective provision of this law that obliges service heads to issue such an authorization of the authority responsible for preventing conflict of interest.

We consider it necessary to emphasize that the highest central authority responsible for the implementation of this law is the High Inspectorate for the Disclosure and Control of Assets (see article 41). The Inspectorate has, among other things, the competence to monitor, control, and assess the compatibility of sublegal acts and internal regulations, approved by public institutions on conflict of interest with the principles and obligations of this law and to determine the model of disclosure, as well as to issue sublegal acts in the form of orders and instructions (see article 42).

On this occasion, the AHC applauds the setting to motion, regarding this conflict, of the High Inspectorate for the Disclosure and Control of Assets to verify the contents of the authorization disseminated to heads (of sectors) of the QSUT (Tirana Hospital University Center) “Mother Teresa”.

Second: The AHC considers irregular and inaccurate the general wording of the authorization, which deals with collecting information through controls at any public and private institution, inside and outside the territory of the Republic of Albania.

This general and not concrete phrase may leave room for the collection of data of a private or personal nature, which is in contravention of relevant provisions of law no. 8517, dated 22.VII.1999 “On the protection of personal data.” Article 10 of this law says: “Handling of personal data by other persons is allowed only if the subject of these data has expressly given his/her consent”.

The AHC is of the opinion that it is necessary to define what personal data this verification is seeking for.

The AHC is convinced that this problem will be resolved in keeping with the Constitution and laws in force.