Saturday, 18 May 2013

Private data protector challenges release of attorneys' pay

ČTK |
20 February 2013

Prague, Feb 19 (CTK) - The Czech Office for Personal Data Protection (UOOU) has launched administrative proceedings against Lenka Bradacova, head of the High State Attorney's Office in Prague, over the across-the-board disclosure of the pay of state attorneys and other staff in her office, Tyden.cz reports.

Bradacova may be fined up to five million crowns over releasing the data on her office's website earlier this month, the server writes.

"Last week, the UOOU launched administrative proceedings over the across-the-board disclosure of the pay of the employees of the High State Attorney's Office in Prague (VSZ)," David Pavlat, from the UOOZ's press department, told CTK.

In a message addressed to Tyden.cz, Bradacova wrote that the VSZ is a part of the judicial system and she "cannot imagine it disrespecting or challenging an interpretation presented by the top administrative court. The Supreme Administrative Court (NSS) provided an interpretation in the past and I respect it. I consider this a display of legal culture and respect for the rule of law," Bradacova wrote.

Under the NSS's previous verdict, offices are obliged to provide information about the pay and bonuses of state administration employees.

The UOOU, however, said some time ago that the offices should not release the data on their staff's incomes on their websites, even though they provided it to concrete applicants based on the law on free access to information.

The releasing of the data on the Internet for an unspecified group of readers could inappropriately violate the right to personal data protection, the UOOU said.

The Supreme State Attorney's Office (NSZ), too, has released information about its employees' pay on its website. However, it only presented the pay brackets for the respective positions without linking them to concrete names.

As a result, the NSZ does not face administrative proceedings.

According to the UOOU, the information on pay should be disclosed in the case of the clerks who rank among public officials, including lawmakers, ministers, heads of central state administration bodies and representatives of towns and self-rule regions.

In the case of other clerks, the offices should consider whether the need of the data disclosure prevails over the staffer's right to have the data about his/her income protected, the UOOU said.

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