The vaccination lottery has another serious problem: Data from the draws are broadcast live, a lawyer is hoarding for GDPR! – Topky.sk

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This is precisely the question we face after one of the readers drew our attention to this serious lack of lottery. During each evening over the weekend, the session begins with a short but detailed shot of the tickets wrapped in rubber bands in groups. At some point, you can see in detail some of the competitors’ phone numbers, or their residences and names!

Many data can be read from the tickets

As proof, there is also a real shot from the weekend broadcast, but within the framework of personal data protection and the GDPR law, we logically adjusted them with graphic censorship, which RTVS did not do in its own broadcast or in the archive and almost all parts of the show start with the same shot of these tickets.

The camera angle during a live broadcast in the studio is also a problem

However, our anonymous reader did not just end there and pointed out another serious transgression, when a very similar thing happens during the live broadcast directly in the studio, when the crane with the camera moves dangerously close to the so-called destiny (transparent wheel with leaves). At one point, other sensitive data of one of the competitors could be seen again, but again, we understandably censored them. In addition to the mentioned data, the competitor’s code can also be read on the ticket, as well as the SMS code that came to him in the SMS message when he registered for the lottery.

And what about privacy? RTVS does not see a problem with tickets

Although the organizer of the vaccination lottery is the Ministry of Finance, from the implementer’s point of view, the public Radio and Television of Slovakia (RTVS) is responsible for the program. These gala evenings in this form and live broadcast have been regularly provided to the audience for several weekends. The situation is even more serious, as the first detailed shot of the drawers has been incorporated at the beginning of the show since the days of August. It is therefore logical that we also turned to RTVS with this issue and with the mentioned images from the broadcast. They do not see a fundamental problem in the protection of personal data in these images.

“In the images sent, the personal data on the tickets are not captured in a legible form in such a way that it is possible to identify a specific person from them. Such a display of lottery tickets does not therefore infringe the protection of personal data.” stated Andrea Pivarčiová, Head of the RTVS Communication Department.

However, as part of the readability of the data, this data could also be read at the Internet archive of the television, which also stores these episodes in Full HD resolution. In addition, today, TV viewers have the option (similar to Internet ones) to simply stop and rewind live broadcasts. Not to mention that with a hypothetical and better 4K resolution (Ultra HD broadcast), reading tickets would be even easier.

Legal opinions differ slightly

Since we wanted to orientate ourselves in this issue also from the point of view of the law and the issue of GDPR, we therefore also approached two lawyers who commented on this issue.

The first was lawyer Pavol Kundrik from CMS Cameron McKenna Nabarro Olswang. He sees the situation regarding the responsibility for data retention, especially with the Ministry of Igor Matovič. “According to the status of the Vaccination Premium is the announcer of the competition Ministry of Finance of the Slovak Republic. For the purposes of the GDPR, therefore, the operator should be the ministry and not the RTVS – for this reason, the ministry should also be primarily responsible for the storage method. “ Kundrik thinks. We only add that we also turned to the Ministry of Finance with these questions, but he did not react.

Kundrik also emphasizes the consent to the processing of personal data, which is “signed” by all registered competitors.

“Based on the above, it does not appear to us that there has been a breach of the GDPR by RTVS. Whether, despite the competitors’ consent, there could have been a breach of the GDPR by the Ministry would require a deeper and more detailed analysis.” concluded Kundrik.

It’s definitely not right, says another expert

However, according to another lawyer and also doctor Petr Kováč from the Medius Chamber of Medical Law, the whole situation is definitely not in order. According to him, that data can be directly attributed to a specific person and he does not himself think that the persons concerned have given their consent to such use.

“Disclosure of personal data such as first and last name, place of residence or telephone number, which can be seen on RTVS footage, is not correct. Consent to promote the vaccination lottery as amended” in particular, the provision of RTVS contact details for inviting the persons concerned to produce programs and promotional materials, or the disclosure of personal data revealing the full identity of RTVS broadcasters. “in conjunction with the description of personal data recipients or categories of recipients disclosure of the personal data of persons who have not won by broadcasting their personal data, ” stressed Kováč.

According to Kováč, the personal data processed should be adequate, relevant and limited to the extent that is necessary with regard to the purposes for which they are processed. “The image, where the name and surname can be seen, the municipality and the telephone number, is clearly contrary to the principle of minimization. It is not necessary for such data to be visible for the purpose of promoting the vaccine lottery. personal data would be blurred and illegible, “ explains the lawyer.

In addition to personal information, there is another problem

However, according to Kováč, this is not everything and the data reveal something extra thanks to footage from RTVS. “It should also be borne in mind that this also appears to be the disclosure of health data – the fact that a person is vaccinated against COVID-19. explicitly prohibits health claims, save in exceptional cases, “ concluded doctor and lawyer Kováč.