Unlawful Biometric Surveillance in Serbian Healthcare and Education Institutions
Partners Serbia are challenging the illegal acquisition of automatic facial recognition equipment by education and health institutions in Serbia. The litigation will start with motions for the initiation of an inspection by the Commissioner for Personal Data Protection, potentially followed by litigation through the domestic courts. The basis for the litigation is public procurement research conducted by Partners Serbia and the Balkan Investigative Reporting Network.
Partners Serbia will demand the Commissioner initiate a supervision procedure to determine whether the public procurement of this equipment was carried out per the procedures for personal data protection, as well as if schools and hospitals that already use this equipment have a lawful legal basis for this and whether they could achieve the same purpose with a less intrusive means. If it detects irregularities, the Commissioner will order operators to cease using this type of surveillance, as well as to destroy the data collected in this way. The Commissioner may also initiate further court proceedings to establish responsibility and impose sanctions on operators.
Unlawful Biometric Surveillance in Serbian Healthcare and Education Institutions
Organisation Name
Partners for Democratic Change Serbia (Partners Serbia)
Country/Jurisdiction
Serbia
Grant Amount:
EUR 6,153
Current Status
Litigation complete; case lost
Grant type
Litigation Track Support
Description
Partners Serbia challenged the illegal acquisition of automatic facial recognition equipment by education and health institutions in Serbia. The litigation started with motions for the initiation of an inspection by the Commissioner for Personal Data Protection. The basis for the litigation is public procurement research conducted by Partners Serbia and the Balkan Investigative Reporting Network.
Partners Serbia demanded the Commissioner initiate a supervision procedure to determine whether the public procurement of this equipment was carried out per the procedures for personal data protection, as well as if schools and hospitals that already use this equipment have a lawful legal basis for this and whether they could achieve the same purpose with a less intrusive means. The aim was for the Commissioner to order operators to cease using this type of surveillance, as well as to destroy the data collected in this way. The Commissioner could also initiate further court proceedings to establish responsibility and impose sanctions on operators.
In 2024, the Commissioner for Personal Data Protection carried out proceedings and responded to two complaints from Partners Serbia. Unfortunately the outcomes went against the complainants. The Commissioner sent written questionnaires to the schools, accepted their assertion that the system served merely “general” CCTV purposes and concluded there was “no ground for further action”, without verifying the claim on site or requesting procurement files. Partners Serbia tried to challenge the decision but the Commissioner refused to go any further.
Alongside the complaint, Partners Serbia produced two case studies, based on research and information from freedom of information requests, outlining the use of facial recognition technology at schools and elderly care homes in Serbia. These case studies now function as additional advocacy tools, with concrete evidence and tailored recommendations to press legislators, regulators and the wider public for a comprehensive legal ban on unlawful biometric surveillance in Serbia.
"Partners Serbia will demand the Commissioner initiate a supervision procedure to determine whether the public procurement of this equipment was carried out per the procedures for personal data protection"
Strategic Goal
- A robust legal framework that supports individual privacy and data protection rights is established and institutions are prevented from further unlawful procurement of video surveillance equipment.
- Public awareness is raised on the risks and consequences associated with facial recognition technology misuse in healthcare and educational settings.
Media and related links
Organisation Name
Women’s Link Worldwide
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