Center for Social Welfare – Dismissed (Croatia, 2022)

The DPA received a request for determination of violation of the right in which data subject states that the Center for Social Welfare brought Decision by which the data subject is recognized with a guaranteed minimum of compensation. In this regard, the data subject points out how his compensation for the September was not paid through a current account, but the employee of the Croatian Post has brought him compensation. On that occasion employee asked him for his ID card. Therefore, the data subject considers that data controller disclosed his personal data about him as a user of the social benefit without his authorization. The DPA rejected the complaint. It emphasized that the right to protection of personal data is not absolute right, and it should be considered in relation to its function in society and harmonized with other fundamental rights in accordance with the principle of proportionality. Also, DPA noted that Postal Service Act prescribe the conditions for performance of its services. In connection, GTC of Croatian Post prescribe in article 47 that the sender, receiver or other authorized person proves his identity, between among other things, with an identity card, and the type and number of the identification document that established the identity it is entered in the corresponding place of the postal document. Namely, in the specific case there was a legitimate purpose and legal basis from Articles 5 and 6 of the GDPR for forwarding certain personal data to Croatian Post. DPA pointed out that the method of delivery/payment of the user's minimum fee is not in jurisdiction of this Agency, but it is the decision of the data controller himself in accordance with the special regulation.