Why do Kosovars' personal records end up in private businesses?

The Information and Private Agency confirms that citizens have received ID copies.

There are citizens who have also made complaints at Kosovo's respective institutions about the move. Confirmation for accepting such complaints has been made for RTKlive. com also the Agency for Information and Private (AIP).

“Agentia has received complaints from several citizens related to what a company (in the quality of the controller) has requested from customers who, during payments made in a 200-euro currency, are taken in the form of copying identification documents (innocentation)”, reportedly in AIP's response to RTKlives.com.

According to the AIP, after handling these complaints, the Agency has found that the same has not had legal grounds to process personal data in this way.

“In this case, the Agency has ruled against this controller and has obliged to ban personal data processing in this way and has obliged me to destroy all personal data it has collected in the case of copying the identification document”, the AIP response reported.

“Bau Holding” is one of the companies that has several retail points in Kosovo, which, like many others, has sometimes received the personal data of some clients, asking for their personal ID number. However, this company explains that they do so because of the demand they have from the Kosovo Tax Administration (ATK).

Legal official in this company, Ylke Krasniqi, tells of RTKlive.com that, in the case of the return of a product purchased at their shops, the client is required the tax purchase coupon and the same agrees to fill out a form that we as businesses ask the Kosovo Tax Administration as evidence that the return has been realised by a real person.

Any physical/juridical person who appears in the ATK in any regional office can have access to this form. So to clarify, we're just informers and we don't determine the questions on the form. These forms from us are preserved as physical copies, and they are introduced to the Kosovo Tax Administration on the case of routine checks”, Krasniqi says, explaining that they only implement the laws in power regarding this issue.

ATK: It is legal to receive personal data

Kosovo Tax Administration confirms that the return of products sold should be registered in the book of returns sales.

“also, for returns products must be completed in the process of turning products sold on tax fiscal vouchers, which has all necessary elements for identifying the product sold”, Valentina Bytyqi Sefa told Kosovo Tax Administration (ATK) for RTKlive.com.

According to her, keeping evidence should be made according to the Law for ATK.

Hoxhaj: For personal authority data it's just the Information and Private Agency.

Experts Mentor Hoxhaj has estimated that, in terms of legalisation, the supervisory authority for personal data is the Agency for Information and Private.

“Online shopping is happening by companies that are not registered at all online. Taking personal data and processing them is in line with legislation in force, in cases where the auditor (company) has legal obligation. For example, in cases of transaction at minimum value of 1 euro. Because of the obligation the auditors have in accordance with the law against money laundering (Anti money laundering) are obliged to take personal data, that means companies process personal data, if ATK asks for such a thing”, Hoxhaj tells RTKlive. com

According to him, this could happen because of any legal or underground act that could also be interpreted if it is in accordance with the law on personal data protection.

“If ATK has issued any legally binding act that is contrary to the law on personal data protection, that sublegal act should be pronounced, and quit”, Hoxhaj stressed.

Currently, Kosovo personal data is obtained by many other companies, such as mobile phones, private hospitals, cable operators, large brands, and even online shops.