The Ministry of Interior fails the Second Test with its proposed Law on Security Guards

The Ministry of Interior can claim the doubtful glory of submitting the same bill – with a seven-year lag – that the Constitutional Court has again rendered as anti-constitutional for the lack of data protection measures and for ignoring rights to privacy. Let’s face it, this is not without precedent but a lot need to be done to follow this act. As a reward for this extraordinary performance we have presented the Ministry and the presidents of the two Parliamentary committees in question with ornately bound constitutions.

In June 2004 the Constitutional Court passed a decision about the Law on Security Guards. The Court adjudicated that the Ministry was in violation of the constitution by default because the Parliament did not define the requirements of privacy and data-handling regulations in the law of 1998, No. 4, on the Chamber of Body- and Security Guards, and Private Detectives.

The Ministry first tried to modify the old law, but this bill had such serious gaps that a completely new version was finally submitted to Parliament. Parliament approved the law way beyond the deadline, set by the Constitutional Court, but then President Madl, using his power as president, sent the bill to the Constitutional Court on May 20, 2005 for a preliminary check. The now former President complained again about the deficiency of data protection measures, especially on the premises of private property open to the public (i.e. malls, department stores, movie theaters, theaters, etc. ) where cameras are being installed.

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