The Municipal Court in Sarajevo issued a verdict finding a violation of the right to privacy of the girl Nadin Smajlović, and her parents Amina Smajlović and Denis Smajlović, by the Clinical Center of the University of Sarajevo (KCUS).
At the end of November 2019, the Smajlović family filed a lawsuit for damages.
According to the verdict, KCUS violated the right to privacy of Nadin, Amina and Denis Smajlović by publishing personal data on the health condition of the minor Nadin Smajlović, publishing personal data from the employment of Amina Smajlović published in the press release of the Discipline for Child Health of the Pediatric Clinic and KCUS from 18.11. 2019. and the announcement of the Eye Clinic of KCUS from November 20, 2019. year.
According to the verdict, KCUS shoud pay 35,000 KM to the plaintiffs, and according to the assessment of the court expert and the findings of the expertise. In the past two years, the Smajlović family had huge financial costs for the treatment of their child, which they moved to Turkey for further treatment and therapy after KCUS refused treatment. Nadin Smajlović's treatment is partly performed by the University Medical Center Tuzla.
KCUS also undertakes to publish a public apology to the plaintiffs for violating the right to privacy on its website within 30 days.
In a press release, KCUS presented the personal data of the minor child, such as her health condition, hospitalization, the course of the disease, diagnoses, the seriousness of her health condition, the prescribed therapy and the procedures to be taken. In the second statement, data on the number of days spent on Amina Smajlović's sick leave were presented, and they revealed the family history of Denis Smajlović.
The court found that the disclosure of these data violated the provisions of the Law on Personal Data Protection, the Law on Medicine, the Law on Rights, the European Convention, the Convention on the Rights of the Child.