Comments on draft directive to specify the model, details and design of Social Systems Cards

Draft directive to specify the model, details and design of Social Systems Cards, the model, details and design of the Confirmation of the Loss, Theft, Damage or Destruction of a Social Systems Card, and the model of Standardised Social Worker Records is not in compliance with the constitutional order of the Czech Republic.

In the comments proceedings on this draft directive of the Ministry of Labour and Social Affairs (hereafter simply “Ministry”) the ombudsman expressed a fundamental objection to the details of social systems cards (as public documents which in certain cases also serve as identity cards for the disabled) being specified in the implementing regulations. In his opinion stating the identification details of benefit recipients on social systems cards and entering such details into the ministry’s Shared Information System results in the processing of applicants’ personal data, including sensitive data. Such processing is a violation of the right to privacy, and such a violation should always be on the basis of a law. The newly adopted provisions of § 4b Paragraph 7 of Law No. 73/2011 Coll., the Employment Office Act, as subsequently amended, thus empower the Ministry to issue implementing regulations to change details which cannot be amended through a legislative rule.

The ombudsman also expressed strong reservations as regards the fact that the implementing regulations specify “details relating to the issue of social systems cards”. The issue of a social systems card as a public document constitutes a modification of the limits and rules governing the exercise of public power, which must also be specified by law. Moreover, the form of statutory authorisation used is explicitly prohibited by Article 49 Paragraph 1 b) of the Government Legislative Rules.

Due to the aforementioned reservations I proposed to the Ministry that the provisions of the directive concerning the details on social systems cards and the issue of such cards be omitted from the draft. The Ministry, however, failed to comply with my demands and only removed the birth registration number from the details on social systems cards.

The directive was published in the Collection of Laws under No. 484/2011 Coll. Since that the ombudsman's fundamental reservations related to the fact that the directive in question was not in compliance with the constitutional order of the Czech Republic, he is considering using his powers to file a proposal with the Constitutional Court of the Czech Republic that it annul certain provisions of the directive in accordance with § 64 Paragraph 2 f) of Law No. 182/1993 Coll., the Constitutional Court Act, as subsequently amended.