The tenants of a building in Vojvode Stepa in Belgrade detained the director of the PIO Fund, Relja Ognjenović, and activists of the Serbian Progressive Party, who went door to door with a list of the tenants' personal information.
As shown in the video, which was published on the social network "X" by Nemanja Šarović, Ognjenović and SNS activists were detained until the arrival of the police.
According to Šarović, the tenants' action was led by former diplomat Professor Davor Kalajdžić. He adds that the first two SNS activists were detained, who were visiting apartments with a list, so that when they called for help, Relja Ognjanović appeared with several other progressives.
Professor Kalajdžić, adds Šarović, called the police and reported a violation of the law on the secrecy of citizens' personal data, asking the police to determine the identity of the people found in violation of the law, as well as the way in which they obtained the veterans lists for their building and the entire Voždovac.
This latest case reminded of the previous conflict between political rivals that happened a week ago in Belgrade, and the question arises as to what activists may and may not do in political campaigns, that is, what does the law say about it?
Given that the campaign has just begun, who knows what can await us until the date of the election.
Verbal conflict between "SviĆe" and SNS activists
Let us remind you that last week after the verbal conflict between the activist of the "SviĆe" movement, Nikola Ristić, and the SNS activists on Banovo Brdo in Belgrade, some parties of the coalition Serbia against Violence, as well as Prime Minister Ana Brnabić, reacted. The footage went viral on social media, with both sides exchanging harsh accusations.
The Serbian Progressive Party also reacted with a statement in which they pointed out that their activists were "verbally and physically attacked" by "SviĆa" activist Nikola Ristić while they were visiting members of that party in a "door-to-door" campaign on Banovo brdo.
Ana Brnabić spoke at a suddenly called press conference in the presence of members of the Government from SNS and two activists of the ruling party, who claim that they were physically attacked.
The video published by the group "SviĆe" shows a man and a woman, not two women. Nikola Ristić, an activist of this group, told "Danas" that what can be seen in the video happened, and that there was no physical contact, "nor did we attack anyone."
What happened?
Ristić told "Vreme" that he and another man were walking along a street on Banovo brdo on Sunday around 21:XNUMX p.m. and that during the walk they saw people with some kind of lists, after which they stopped to see what it was all about.
He explained that SNS activists were waiting in front of the entrance for someone to open the door for them, after which they entered and started to compare the list by signed mailboxes.
"When we asked them who are you counting and what, they said: 'We are counting our members,'" says Ristic.
After that, in an attempt to explain to the passing citizens what was happening, the two activists tried to defend themselves and said that they did not know what it was about and that they did not have any list.
"They left the material they had in a bar in Požeška, which they locked. Later, it turned out that the guy who was on the field is a member of the SNS from Ruma, and the girl who was with him was a SNS candidate for deputy in the last elections," says Ristić.
What is allowed in the campaign?
Lawyer Rodoljub Šabić told "Vreme" that it is one thing for party activists to visit party members or party sympathizers, and quite another for general visits to the apartments of unknown people, which also entails the systematic processing of personal data.
"A special problem is the processing, search and recording of data that fall into the category of special, particularly sensitive data," Šabić points out.
According to the Personal Data Protection Act, data on affiliation to a political party and data on political affiliation in general are treated as special, particularly sensitive data.
Asking for that data, says Šabić, especially in a situation where many citizens are not sure whether they can withhold it, or whether they can do so without risk, seriously calls into question the legal and constitutional guarantees of citizens' rights.
The big problem, Šabić emphasizes, are certainly more than well-founded suspicions that party activists have personal data of citizens from the databases of government bodies.
"These data should not only be inaccessible to them, but their possession and processing are a punishable, even criminal offense, but the reactions of the authorities are always absent."
Šabić reminds that before leaving the post of Commissioner, he filed a criminal complaint regarding the more than well-founded suspicion that the personal data of as many as 1,7 million PIO Fund users were handed over to the ruling party, but that even today, six years later, the public has no information about the prosecution. and the police took action in this regard.
The other side - is it allowed to be filmed?
On the other hand, the question arises as to whether members of the "SviĆe" group were allowed to record and publish a video of SNS activists.
Šabić explains that the Criminal Code stipulates that a person who takes (Art. 144) or publishes or shows (Art. 145) a photograph or film without the consent of the person being photographed and thereby noticeably interferes with the personal life of that person, will be punished by a fine or imprisonment . These crimes are not prosecuted by the prosecutor's office, the procedure is initiated only by a private lawsuit.
So, hypothetically filmed SNS activists would be able to file a lawsuit in court, however, Šabić emphasizes, they certainly have no chance of succeeding in the dispute.
Why no chance? Because "for the existence of a criminal offense, the law explicitly requires that by recording or publishing a picture or film, one 'invades one's personal life' and 'sensibly', which according to all the circumstances is clearly not the case", concludes Šabić.
