Visitors to public institutions are allowed to film and photograph officials for personal use; however, courtesy requires informing them beforehand of such an intention, and the material may not be published online, the Ombudsman’s Office reports.
They explain that publishing such material on the internet may result in an administrative fine or even criminal liability.
At the same time, publishing is allowed if an obvious violation by the official has been recorded and the public needs to know about it.
The Ombudsman’s Office clarifies that filming, photographing, and publishing material solely because a person is an official is not a sufficient justification. Such actions constitute a significant interference with privacy, which is only permissible when an official is clearly breaking the law and the public has a right to be informed. In most cases, however, it is recommended to report the official’s misconduct to their direct supervisor rather than publish the material online.
The Data State Inspectorate, in cooperation with the Ombudsman’s Office, has developed guidelines
on the processing of officials’ personal data when these individuals are filmed, photographed, or their voices are audio-recorded, and when such material is streamed or published online.
Ombudswoman Karina Palkova notes that residents often film because they want to protect their rights, which is understandable. At the same time, it is important that such actions do not cause unnecessary harm to any party.
“Therefore, the guidelines help to clearly understand how to respect both the public’s right to know and every individual’s — including officials’ — right to privacy. They strengthen good governance and create a safer and fairer environment for all of us,” Palkova says.
The office reports that the need for such guidelines has increased because cases of officials being filmed without objective reason have become more frequent. Some people act this way because they subjectively view it as defending the public interest, while others do so to provoke conflict or attract attention on social media, the Ombudsman’s Office has observed.
The guidelines apply not only to state and municipal officials but also to employees of other institutions who work with clients daily and may therefore find themselves in situations where their actions are recorded.
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