Lažne diplome i pravo na privatnost
Falsified Diplomas and the Right to Privacy

Author(s): Sevima Sali-Terzić
Subject(s): Human Rights and Humanitarian Law, Public Administration, Public Law, Higher Education , State/Government and Education, Human Resources in Economy, Corruption - Transparency - Anti-Corruption
Published by: Fondacija Centar za javno pravo
Keywords: Higher education; university education; diplomas; falsified diplomas; public servants’ diplomas; human rights; right to privacy;
Summary/Abstract: Credible media reports and resent arrests of those suspected to have been engaged in the falsification of high education and university diplomas, provoked public authorities to initiate a comprehensive review of public servants’ diplomas. However, the Data Protection Agency stated in its opinion that such review presents unnecessary “generalization” and puts under suspicion all public servants, thus violating the right to privacy and the Data Protection Law. The analysis shows that such review would be in accordance with law, would have legitimate aim and would be “necessary in democratic society”, as requested by Article 8 of the ECHR, but also by the Convention 108 and EU Charter of Fundamental Rights. The only way to achieve the legitimate aim – to detect and to prevent falsification and usage of falsified diplomas in public sector (which constitutes crime under the Criminal Law) is to review all diplomas of public servants, including those in managing positions. Diplomas are public documents, public servants act in public interest, and review of their diplomas, in a procedure prescribed by the Law, would not in any way “diminish [their] human dignity” (as Agency explained) or present unnecessary interference in their private life.

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