INSTITUTION OF THE HUMAN RIGHTS OMBUDSMAN OF BOSNIA AND HERZEGOVINA
such treatment undermines and diminishes legal certainty“ 28. The Agency also took the position
that in this way the human dignity of employees would be violated if everybody and everything
were questioned, and it would be advisable to seek the opinion of other institutions competent for
human rights protection. This was the reason for addressing the Ombudsman. The opinion issued
by Ombudspersons 29 emphasized that the right to personal data protection is one of the
fundamental rights of every person, and that the purpose of personal data protection is the privacy
protection. Also, the provisions of the Law on Personal Data Protection in Bosnia and Herzegovina
were invoked 30 as it was pointed out that in the evaluation and assessment of the case at hand, it
is necessary to take care of the purpose for which the data are processed. On the other hand, it
should not be forgotten that, in the present case, the data subjects are employees of public bodies
funded from the public budget who, upon entering the public service, agreed to work for the public
good and in the public interest. Ombudspersons took the opinion that in such and similar cases the
public interest always outweighs the protection of privacy, especially if a particular case is linked
to circumstances such as failure to comply with a legal obligation, the existence of any
wrongdoing, a judicial error, abuse of power or negligence in the exercise of official duty, illegal
use of public funds, or the danger to the health or safety of the individual, the public or the
environment.
Ombudspersons had identical opinion in respect of the publishing of the Register of employees in
public sector on the territory of Sarajevo Canton 31.
Example: The Independent Trade Union of Primary Education of the Federation of Bosnia and
Herzegovina addressed the Ombudsman asking for an opinion on the publication of the Register
of Public Sector Employees in the Sarajevo Canton. In the Ombudsman's reply 32 it was emphasized
that publishing of this type of information contributes to a more proactive role of the public
authorities. Such proactive publication of information reflects the obligation of the public
authorities to publish certain categories of information on their own websites on their own
initiative. In this approach, the primary objective is to reveal information of public importance
more efficiently, quickly and transparently, without the need to request access to information and
additional spending of time and human resources required to issue decisions and process such
requests. This concept is of particular importance when it comes to spending the funds from public
budgets by the public authorities.
Complaints processed by the Ombudsman show that public authorities still fail to reply to requests
for access to information within legal time limits.33
Example: In 2019 the Ombudsman received a complaint 34 in which the complainant claimed that
the Employment Service of Tuzla Canton failed to reach decision on his appeal from their firstinstance decision denying him access to information. The Ombudsman issued recommendation
28
Opinion of the Personal Data Protection Agency in Bosnia and Herzegovina dated 01 February 2019, available at
www.azlp.ba
29
A document of the Ombudsman no. OI-K-SA-33 /19 dated 15 February 2019
30
Official Gazette of BiH, no. 49/2006, 76/2011 and 89/2011 – corr.
31
Ž-SA-05-449/19
32
Ž-SA-05-449/19
33
Ž-SA-05-560/19, Ž-SA-05-746/19, Ž-BL-05-745/18 and Ž-BR-05-259/18
34
Ž-BR-05-259/18, P-94/19
22
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