Data Protection in Bosnia and Herzegovina

Breach notification in Bosnia and Herzegovina

The DP Law does not impose data security breach notification duty on the controller. However, the Rules do impose a duty on the Database's administrator, processor and performer to inform the controller on any attempt of unauthorized access to information system for the Database's management.

However, the regulations issued by the Communication Regulatory Agency (RAK) should be considered. The Regulation on Carrying out the Activities of the Publicly Available Electronic Communication Networks ('Official Gazette of BiH' no. 66/12) (Regulation A) stipulates that the operator of publicly available electronic communication networks (Operator) is required to inform RAK about its activities, operations and other applicable information required for RAK’s regulatory competences. Since RAK’s Regulation on Conditions for Providing the Telecommunications Services and Relation with End Users ('Official Gazette of BiH' no. 28/13) (Regulation B) prescribes for the Operator’s obligation to undertake such methods which will protect the privacy of users and others, in a manner that will ensure the integrity and confidentiality of data, it can be concluded that the Operator is required to notify RAK of any breach of security and integrity of public telecommunication services that resulted in violation of protection of personal data or privacy of the respective services' s users.

When it comes to the notification duty towards the users, the Regulation B obliges the Operator to inform the users adequately (e.g. in user agreement, in its terms and conditions or in the appropriate technical way) about the possibility of privacy or telecommunication facilities violations.

Pursuant to the Draft Data Protection Law in case of a personal data breach the controller is obliged to undue delay and where feasible not later than 72 hours after having become aware of it, which fully correspond to the obligation prescribed by GDPR.

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