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Czech law, News

Pictures of jubilees in the local newspapers

Act no. 128/2000 Coll., on municipalities (local government) states that the municipal hall can appreciate the significant life events of its citizens. Necessary personal data of the jubilees may be obtained from the population register in accordance with § 4 para. 2 and § 5 para. 3 of Act no. 133/2000 Coll., on register of population and birth certificates. Under these provisions, the community and the local authority may use personal date only if they are necessary for the exercise of their powers.

New § 36a of the Law on Municipalities states that the municipal authorities are entitled to use the data from the information systems for the performance of activities under the Municipalities Act. According to § 149a paragraph. 4 can be used in a particular case, only data that are necessary to fulfill the task. These data are for example name and surname, date of birth and address of permanent residence of the jubilees, newborn children and their legal representatives.

The aforementioned purpose, however, is no longer consistent with disclosure of personal information in social columns in local newspapers or particular website, without the consent of the person concerned or their legal representatives.

Regarding the possibility of congratulations in the local press without the consent of the persons concerned (or their legal representatives), the Office for Personal Data Protection considers admissible if they are in the society columns, for example. “Congratulations jubilees in our community,” or “We welcome the new citizen of our community” in a specific month only with names and surnames without any additional data. If the village decides to publish this information, it must be appreciation of significant life events (for example congratulations seniors on significant anniversaries) but not an annual publication of the names and surnames of people born in the particular month without the consent of their holders. For the disclosure of additional information, e.g. age, date of birth, address, municipal hall has to acquire consent of the data subject. The village has to respect the will of the citizen, who does not want any public congratulations, and communicate this fact to the village.




About ondrejovae

Czech Attorney/Barrister located in Prague with specialization in media law and protection of personal rights


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