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Concern for Rights in Montenegro amid COVID-19 Fight

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Rights groups in Montenegro are warning of a threat to data privacy rights, free speech and media freedoms in the former Yugoslav republic under cover of the government’s fight against the COVID-19 pandemic.

Montenegro, a country of some 630,000 people, has at least 29 confirmed cases of the novel coronavirus and one death. Since the outbreak, police have stepped up action against those accused of spreading false information and, ignoring the protests of opposition and rights organisations, published the names of people required to self-isolate due to the virus.

The country, which has been run by the same party for the past three decades, has a long record of restricting human rights and violating data privacy rights.

Activists fear the government will exploit the COVID-19 pandemic to clamp down further. The government says its overriding priority is to protect the lives and health of Montenegrin citizens.

“I am afraid that an attempt to deal with one danger could create another danger,” said Daliborka Uljarevic, executive director of the Podgorica-based Centre for Civic Education.ducation.

Dozens arrested

On March 13, a court imposed 30 days custody for a Montenegrin man who wrote on Facebook that state officials were concealing the true extent of the pandemic.

On March 22, another man was arrested on suspicion of falsely claiming that he had been infected.

The next day, police announced that 60 people had been charged with violating the restrictions imposed by the government to combat the spread of COVID-19, including those accused of spreading ‘fake news’ and others who opened restaurants after the government ordered them closed.

The same day, in the coastal town of Kotor, a Russian citizen was arrested after she wrote on Instagram that around 1,000 people had been infected by the virus in Montenegro and that six people had died of complications.

Authorities have used such tactics before, arresting two NGO activists in January over their Facebook posts during protests organised by the Serbian Orthodox Church against a controversial freedom of religion law. Three journalists were also detained on suspicion of causing panic and public disorder in their writing.

Concern over government respect for law

Uljarevic said the government had performed well so far in combating the virus, but that it should work more closely with all social and political actors.

“As a society we are facing a big problem and it requires the institutional mobilisation of a wider range of socio-political actors, especially when it comes to some moves that have an effect on different structures and can lead to the vulnerability of parts of society,” Uljarevic told BIRN.

Opposition Social Democratic Party, SDP, MP Rasko Konjevic said the government should make it stays within the law in dealing with the pandemic.

“This situation is extremely serious and it is important for the state to show its organisation and strength but not to forget the Constitution and laws,” he said. “It’s important that we are all equal before the law.”

Concern rose on March 22 when the government published the names of those people ordered to self-isolate, arguing that some had chosen not to respect the order.

The government said it had received the consent of the Agency for Personal Data Protection, and the the lives and health of Montenegrin citizens came first.

Opposition parties and civil society groups were outraged.

Further concerns have been raised over a number of economic decisions issued by the government without consulting parliament, despite provisions in the constitution that specify such decisions can only be taken by the government under a state of emergency. Montenegro has not declared a state of emergency.

Konjevic said the government should consult more widely. “They could share responsibility with others,” he said.

Croatian Proposal to Track Self-Isolating Citizens Alarms Critics

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As Croatian MPs discussed a proposed law amendment, that would allow authorities easier access to citizens’ information amid the ongoing coronavirus epidemic, opposition lawmakers warned that it could limit citizens’ rights to freedom of movement and their privacy.

Last week, the government, led by the conservative Croatian Democratic Union, HDZ, proposed a change of the Electronic Communications Act under which, in extraordinary situations, the health minister would ask telecommunications companies to provide data on the locations of users’ terminal equipment.

While MPs accept that the aim of the proposal is legitimate – to control people prescribed self-isolation, due to numerous violations of such orders – many of them complained that the government did not elaborate the proposal clearly, or with enough safeguards.

Social Democrat MPs and some other parliamentary groups have submitted an amendment seeking more clarity about who can be monitored, how long the surveillance will last, and what authorities will do with the data they collect. They also said the subject of monitoring must be regularly informed that he or she is under surveillance.

On Wednesday, Ombudsperson Lora Vidovic suggested amendments to the proposal, urging that the restriction should apply only “to narrow, clearly and precisely defined situations, only when the health and lives of citizens could not otherwise be effectively protected.

“Clear criteria should be explicitly defined in the law, which will ensure the implementation of this measure over precisely defined categories of citizens, for example, those who have determined self-isolation by the competent authorities,” Vidovic said in a press release.

MPs are also debating whether such a law changes could be passed by an urgent procedure in parliament, as the government wants, or by a simple majority of MPs, or whether a two-thirds majority is needed, as restrictions of such rights are a constitutional matter.

Article 17 of the constitution states that “individual constitutionally guaranteed freedoms and rights may [only] be restricted during a state of war or any clear and present danger to the independence and unity of the Republic of Croatia or in the event of any natural disaster”.

Under the constitution, imposing such restrictions must be decided by a two-thirds majority of all members of parliament.

However, MPs will not vote on the issue on Wednesday since the speaker, Gordan Jandrokovic, has announced that he will first seek the opinion of the Constitutional Court on the proposed “restricting of citizens’ freedoms”, which he said, were only introduced to protect citizens against coronavirus infection.

COVID-19: Dealing with Gaps in the Data

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One of the major problems with the COVID-19 pandemic is the speed at which the contagion spreads. This makes treating infected people much more difficult to manage, but also severely hinders our ability to have an up-to-date, thorough and trustworthy picture of the situation in Europe and the rest of the world.

The information we rely on is approximate and often errs on the side of caution (for example, the number of infected people, or deaths caused by the pandemic). It’s important to be aware of these limitations, and approach the data with caution, even if this data is the best we have, given the present circumstances. Of all official data on the global situation, that produced by the European Centre for Disease Prevention and Control (ECDC) is considered among the most reliable. Nevertheless, new and more accurate studies are emerging every day, providing additional data to help understand the pandemic and its course of development.

How many are really infected?

We don’t know. What we do know is the number of confirmed infections – individuals testing positive for the virus – and highly approximate estimates of total infections.

The test for the virus involves taking a sample of saliva or mucus, which is then analysed for traces of the virus’ genetic code. The number of people being tested varies widely from country to country: depending, above all, on how well-equipped a country is to perform large-scale testing (often it’s not the kits that are lacking, but the personnel and laboratories required to analyse huge quantities of swabs). In certain countries, authorities decide to focus on people already showing symptoms associated with COVID-19, or even just those who are already hospitalised. We know, however, that many who have contracted the virus do not show any symptoms, or only start to show symptoms many days after being infected.

The percentage of infected people accounted for in the data varies widely from country to country. This makes it difficult to compare the development of the pandemic in different times and places. For example, Italy has performed around 3500 tests for every million inhabitants, compared to 6100 in South Korea, and 600 in Spain. According to an estimate attempted by the Centre for the Mathematical Modelling of Infectious Diseases, in the London School of Hygiene & Tropical Medicine, Italy and Spain may have only recorded 5 percent of people actually infected. 

How many have really died?

This is also unknown, even if the number of deaths can be estimated with more precision than cases of infection.

What we do know is the number of deaths attributed to COVID-19 (unfortunately, the criteria for attribution are not yet internationally standardised). However, we cannot be sure that all deaths caused by the coronavirus have been recorded: in the most heavily hit areas of Italy, indications suggest that tests are not performed on all victims (many of those who die at home or in retirement homes, for example). Moreover, authoritarian regimes such as China and Iran may have an interest in publishing incomplete data in order to downplay the severity of the problem – thus the number of deaths caused by the pandemic may very well be higher than suggested by official counts.

How deadly is COVID-19?

No certainty here either. The relative danger of a disease can be measured by its case fatality rate – the number of deaths as a proportion of those infected – or the mortality rate, which measures the number of deaths as a proportion of the population. A case fatality rate of 4 percent indicates that for every 100 people infected the disease causes an average of four deaths.

The available estimates of COVID-19’s case fatality rate vary all too widely according to context. On the one hand, such variations could in fact be tied to local factors: for example, the disease is likely to have a greater impact in regions or countries where the population is older or more prone to respiratory illnesses, such as heavily polluted Northern Italy. Alternatively, such variations may only be apparent, and caused by differences in how data is collected. The case fatality rate compares two figures – deaths and infections – but, as we have seen, these figures are often recorded in different ways, and often contain significant gaps.

In any case, COVID-19’s case fatality rate is an order of magnitude greater than that of more mundane viral illnesses, such as seasonal flu. The latter typically causes the death of fewer than 0.1 percent of people infected, over many months, while it is estimated that COVID-19 causes an at least twenty or thirty times higher percentage of deaths, over just a few weeks. 

Two useful techniques for comparing data

Apart from the gaps and disparities in data collection, comparisons between regions and countries affected by the coronavirus are complicated by the fact that contagion didn’t start everywhere at the same time. Comparing Hubei province in China – where infection began around a month ago – with a country where contagion has just begun would not be particularly instructive. In order to compare such contexts, we should start with the day when the outbreak was registered in each area, and compare developments from there. For example, 15 days after the virus broke out in Italy, around 800 deaths had been recorded there, while in Spain, 15 days after the virus was detected in its territory, 2000 deaths had been recorded.

Another way to compare developments in countries with different data collection methods is to compare the rates of contagion in each country – for example, measuring the number of days it took for the number of confirmed deaths to double. In Germany, the figure doubled every two days, and in Italy every five days. In South Korea it has taken 13 days for the number of confirmed deaths to double, indicating that contagion has slowed down considerably.

Moldova Authorities Accused of Lacking Transparency About Pandemic

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Media NGOs in Moldova signed a common protest on Sunday, accusing the authorities of lacking transparency about the scale of the coronavirus pandemic in the country.

“Non-governmental organisations in the media ask the state authorities and institutions to ensure correct and professional collaboration with media institutions, refraining from unfounded accusations and insinuations against journalists who request public interest information to inform objectively and completely,” the petition signed by eight media NGOs says.

It comes after two cases of infected doctors from different hospitals were reported on March 19 and March 22. The authorities did not confirm them in the first phase, however. Only media outlets reported about them.

The authorities have also avoided giving out precise data on medical supply stocks and specific numbers related to the pandemic.

“They have blamed the press for criticism but, in fact, they do not offer complete information about the epidemiological crisis … The Prime Minister and President have responded harshly to reactions of media outlets who were trying to find out more information,” Cornelia Cozonac, director of the Centre for Investigative Journalism in Moldova, told BIRN.

She said journalists are forbidden to ask live questions during press briefings on the pandemic, and even those who are allowed to ask written questions do not get straight answers.

“It is not normal in this crisis. The authorities need to be much more open because they are asking citizens to cooperate as well. We, as journalists, want the authorities to be responsible, and to provide as accurate information as possible and to answer journalists’ questions to better inform the citizens,” she added.

Moldovan media have called on the authorities to at least organise video conferences with free Q&A sessions. No response has come as yet to this suggestion.

On March 19, the authorities opened a free online platform to present the numbers of infected cases in every district of the country, but on Monday, after the technical suspension of the website, it required a user and password.

President Igor Dodon on Monday at a press briefing accused some media of trying to “make a show” about the public health situation in Moldova.

“For some media sources that lately are trying to speculate and get things out of context – when I said there are 2,000 places ready [in hospitals], then that means there are that many. When we said that there are only 500 [ventilator] machines in Chisinau, someone tried to interpret that as are only 500 [bed] places. It is not correct. Of 94 [coronavirus] cases, only two needed these devices,” he said.

Both Dodon and Prime Minister Ion Chicu and his communication team have repeatedly accused the media of not properly informing the population.

However, on March 16, when an entire village was put under quarantine after the authorities held elections in the Hincesti district, amid the pandemic, the media only found that out by itself.

Hackers Step up Cyberattacks on Hospitals amid Pandemic

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Romanian cybersecurity giant Bitdefender said on Friday that online attacks linked to Covid-19 “have risen by 475 per cent in March as compared to the previous month”, and the numbers are expected to keep increasing until the end of the month .

“Almost one third of the Covid-19-related attacks target public authorities and healthcare institutions,” Bitdefender said in a statement.

One of the medical centres targeted was a hospital in the Czech Republic currently being used for tests against coronavirus.

Bitdefender’s security specialist Filip Truta said that “the cyberattack thwarts efforts in fighting the pandemic”.

Hackers usually infect computers by fooling medical institutions’ personnel with “information about medical procedures and therapies to treat COVID-19 infections”, said Bitdefender. Such messages are mostly sent in the name of institutions such as the World Health Organisation.

The statement mentions the US, Turkey and France as the most targeted countries in the world. Romania was the ninth more targeted country.

“Cyberattacks against hospitals can bring to a halt their activity if, for example, the medical data of the admitted patients is blocked,” Bitdefender said.

“Over time, attackers have repeatedly infected the computers with ransomware and then have asked for a ransom to give back the access to the data,” it added.

In a typical case of these kind of attacks, hackers “code data such as the patients’ medical records” making it impossible for the doctors to treat the patients or perform surgeries.

“As it has happened in Romania, the management of a hospital can be forced to pay a ransom to decode the data” to be able to save the patient.

Hackers also sell patients’ data for up to $400 per medical record on the deep web. Those who buy this information normally use it for frauds.

Bitdefender has decided to offer free assistance to medical institutions so they can step up their security during the coronavirus crisis. Hospitals, clinics and other medical centres can ask for help at the Bitdefender site. www.bitdefender.com/freehealthcaresecurity

Are you interested in topics related to freedom of information, data protection and cybersecurity? Find out more on our interactive platform, BIRN’s Investigative Resource Desk (BIRD).

Bosnia’s Republika Srpska Imposes Fines for Coronavirus ‘Fake News’

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The government of the Republika Srpska issued a decree on Thursday that forbids causing “panic and disorder” during a state of emergency, Interior Minister Dragan Lukac told a press conference.

“In recent days, we have had various comments on social networks by irresponsible people who create fake news and cause panic and fear among citizens, which can cause various consequences,” Lukac said.

He added that “during an emergency, it is forbidden to publish false news and allegations that cause panic and severely disrupt public order and peace or prevent the implementation of measures by institutions exercising public authority”.

The government ruling covers the publication and transmission of false news by the media and on social networks.

“[Wrongdoers] will not be able to hide, even on social networks; we will find them,” Lukac said.

Individuals who are proved to have caused panic and spread false news will be fined between 1,000 and 3,000 Bosnian marks (between 500 and 1,500 euros), and firms between 3,000 and 9,000 marks (between 1,500 and 4,500 euros).

Bulgarian Investigative Journalist Attacked by Masked Men

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The Bulgarian Interior Ministry suggested on Wednesday that the attack on investigative journalist and editor Slavi Angelov on Sofia’s central Dondukov Boulevard could be related to his work.

“Most likely it is an attempted assassination,” Ivaylo Ivanov, the Interior Ministry’s chief secretary, told Nova TV.

Angelov was beaten up late on Tuesday by three people – two of them hit him with metal sticks, while the third filmed the assault.

Angelov’s condition is currently stable and he has been questioned by police.

The Association of European Journalists – Bulgaria condemned the attack, as did fellow journalists and political parties.

“AEJ-Bulgaria insists on a prompt and effective investigation. The authorities must detect, bring to justice and punish both the actual perpetrators and those who ordered this brutal act,” the Association of European Journalists – Bulgaria said in a statement on Wednesday.

Angelov was a crime reporter for the newspaper 24 Hours for a long period and has been writing about Bulgaria’s underworld since the mid-1990s.

He is also the author of several non-fiction books and has been editor-in-chief of weekly newspaper 168 Hours since 2012.

Montenegrin Coronavirus Patients’ Identities Exposed Online

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After Montenegrin Prime Minister Dusko Markovic announced on Tuesday evening that the country had its first two coronavirus cases, the patients’ identities were published by social media users.

Photos of one of the patients and her family were also posted online.

The ethnicities and religious beliefs of the patients were then targeted with hate-speech comments by some people on social networks.

The Montenegrin Association against AIDS, CAZAS, said that that every patient has the right to privacy and medical confidentiality.

“If you share photos of people who are infected on social networks and spread information about their health, you are directly violating [their] privacy and patient’s rights. There can be legal consequences for doing that,” CAZAS said in a press release.

President of the NGO Civic Alliance, Boris Raonic, warned about the danger of intolerance spreading in country as a result of the coronavirus.

“The stigmatisation of the infected and their families is a great danger in the coming period,” Raonic wrote on Twitter.

The first two coronavirus patients in the country had both recently returned to Montenegro, from Spain and from the US. One patient is from the city of Ulcinj and the other from the capital Podgorica.

Montenegro is a multi-ethnic state and is highly unusual in having no overwhelming community that makes up over half of its population.

About 45 per cent of the population identify as Montenegrins and about 29 per cent as Serbs. Albanians make up about 5 per cent of the population.

Data Collection of Hotel Guests in Hungary Causes Concern

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From the beginning of the year, data on all hotel guests staying in Hungary has gone into a central database, drawing concerns from the National Authority for Data Protection and human rights groups about its use and storage. 

The Hungarian Tourism Agency, the MTU, insists that collection of the data is the responsibility of accommodation owners. But many say they are suffering as a result.

“Many of our guests are reluctant to hand over their passports with all their personal data. Despite my telling them that this is a legal obligation, they leave with a bad experience. So they give us bad ratings on booking sites, which depresses our turnover,” a man who runs a small accommodation centre in Budapest told the Magyar Narancs weekly. 

The latest innovation of the government in tourism, the National Tourism Data Supply Centre, NTAK, was launched in mid-2019 and has been fully effective since January 1, 2020. 

The basic idea is to help to develop a tourism strategy and reduce the number of accommodations centres that do not operate in a completely legal way. All those offering accommodation, from big hotels to small Airbnbs, have to report their data on a daily basis. 

Data on income, rooms, reservations and all guests have to be submitted to NTAK. Hotels can use their own software to communicate with it. Smaller service providers use the web-based Az Én Vendégszobám (My Guestroom) system, offered by the MTU free of charge.

While the collection of financial data is widely welcomed in the sector due to the large number of illegal or half-legal guestroom lettings, the collection of personal data raises more questions. 

The programme collects the names of guests, their citizenship, date and place of birth, sex, mother’s name, number of travel documents, zip code and country of residence. There is a possibility of storing emails and phone numbers as well. It is not clear, however, exactly what kind of data is stored and who can access it. While hotels and Airbnb in many countries gather personal data of their guests, it is unusual to have one central database run by the state.

The MTU says the personal data is stored and handled only by the accommodation providers, not by them. However, according to the description of the NTAK, the system stores personal data in encrypted form. In addition, the software offered by MTU is web-based and stores all the data in the central server.

The current law does not specify what data the tourism agency is allowed to collect and states that the MTU can store personal data but not access it.

New legislation will be effective only from September. That will settle many questions, like specifying what data the agency can collect, what has to be encrypted, and more. But the legislation that comes into force in September also allows the police to search the data stored in the data-centre. Also, the agency is sending the data on all third-country guests to the National Directorate General for Aliens Policing. If the personal data was really encrypted, this would be impossible. Magyar Narancs sent several questions to MTÜ before publication, but its reply was only a statement without concrete answers to the queries.

Ádám Ramport, from the Hungarian Civil Liberties Union, HCLU, a human rights NGO, argues this could be seen as a pooling data gathering, which is unconstitutional. 

The National Authority for Data Protection also wrote in a statement that the need for this data collection is not well reasoned. It questioned why the Aliens Policing department is allowed to keep the submitted data for five years. The practice is “a further restriction of … the right to the protection of personal data”, the authority summarized.

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