The Agency for the Protection of Personal Data has issued a decision to suspend its supervisory proceedings until the Basic State Prosecutor’s Office concludes its investigation and determines who provided Bar Association President Danilo Mićović with the medical records of Pobjeda journalist Ana Raičković. Mićović submitted the records to the court in an attempt to have them admitted as evidence in the case involving his clients Zoran Bećirović, Luka Bećirović, Mladen Mijatović, and Ljubiša Dukić, who were recently convicted of violent behavior.
In its reasoning, the Agency stated that it received an initiative from the Trade Union of Media of Montenegro, alleging that a serious misuse of a specialist doctor’s report occurred during a hearing at the Basic Court in Podgorica on March 28. The defense attorney submitted a medical report that was dated several months prior to the attack and was in no way related to the incident in question.
“The leak of such confidential information from the Clinical Center of Montenegro (KCCG), to the detriment of journalist Raičković, represents a blatant violation of her right to privacy, which is guaranteed by Article 27 of the Law on Patients’ Rights,” the Union’s initiative stated.
According to Pobjeda, the Agency referred to Article 73 of the Law on Personal Data Protection, which stipulates that supervisory proceedings shall be conducted in accordance with the rules governing inspection and administrative procedures.
“Article 104, paragraph 2 of the Law on Administrative Procedure mandates that an authorized official must suspend administrative proceedings when a prior issue involves the existence of a criminal offense. The proceedings must also be suspended if the issue is already being considered by a competent court or authority. In accordance with paragraph 5 of this article, a formal decision must be issued to suspend proceedings in such cases,” the Agency explained.
The Agency’s Council concluded that Article 104(2) clearly obliges the body conducting the administrative procedure to suspend it upon learning that proceedings have been or will be initiated before the Basic State Prosecutor’s Office. It was further explained that continuing the supervisory process could directly interfere with the ongoing criminal proceedings, which would be contrary to the principles of legal certainty, efficiency, and subsidiarity.
Attorney Mićović proposed the doctor’s report as evidence, openly reading the doctor’s name and commenting on the nature of the illness, even specifying the diagnosis.
The medical report presented by Mićović at a public hearing contained symptoms, diagnosis, medical history, health insurance number, personal ID number, and the journalist’s place and address of residence—constituting a clear violation of the Law on Personal Data Protection.
As for the November 10 attack on Raičković, her son Uroš Gagović, and her fiancé Tomo Arapović outside the “Gurman” restaurant, businessman Zoran Bećirović was sentenced to one year in prison. His bodyguard and police officer Mladen Mijatović received a ten-month sentence. Luka Bećirović, Zoran’s son, received a suspended sentence of seven months, while Ljubiša Dukić was acquitted.
Zoran and Luka Bećirović are currently facing misdemeanor proceedings for allegedly insulting police officers on the same night, November 10, at the police station.
A disciplinary procedure is also underway against Mladen Mijatović. The Minister of the Interior, Danilo Šaranović, has publicly stated that he was unaware of Mijatović’s employment with the Ministry.
Raičković was assigned police protection one day before the verdict was announced.
Source: Pobjeda