Freedom of Information Center of Armenia.

On January 21, 2019 the director of Freedom of Information Center of Armenia Shushan Doydoyan sent a request to Yerevan Municipality asking to provide the list of employees awarded by the Mayor of Yerevan from September to December 2018, indicating the amount of remuneration given to each.

The municipality refused to provide requested information stating that an official request was sent to the Personal Data Protection Agency of the Ministry of Justice of the RA concerning the required information. If it is revealed that the privacy of a person is violated, the data will not be published.

On January 23, 2019 the Freedom of Information Center of Armenia submitted a double request. On the same day the Yerevan municipality replied that relevant conclusion was received from the Personal Data Protection Agency which final statement is posted on the Facebook page of Iosif Kubatyan, acting Head of the Information and Public Relations Department of the Municipality, refusing to provide information to the FOICA under the pretext of personal data protection.

The director of Freedom of Information Center of Armenia, finding that the Yerevan Municipality had interfered with the Freedom of Information Center's constitutional right to receive information under the pretext of personal data protection, asked the Agency to clarify whether the aforementioned information contradicts the RA Law on Personal Data Protection.

On January 25, 2019 on the initiative of the Personal Data Protection Agency on behalf of application of the Freedom of Information Center, on January 25, 2019 initiated administrative proceedings N006/01/19.

As a result of the proceedings, the Agency decided.

• The publication of the list of employees awarded by the Mayor of Yerevan and the amount of remuneration given to each (Orders 691-A և 692-A) by the Municipality of Yerevan does not contradict the RA Law on Personal Data Protection.
• Providing the applicant's request of the list of employees awarded by the Mayor of Yerevan and the amount of remuneration given to each (Orders 691-A և 692-A) by the Municipality of Yerevan based on a request does not contradict the RA Law on Personal Data Protection.
• The processing of personal data of persons holding positions not appointed by the Mayor of Yerevan does not correspondent to the principle of proportionality of personal data processing within the framework of the position expressed by the Agency in clauses 4.14 and 4.15 of this decision.
• Prohibit the Mayor of Yerevan from processing the personal data of those employees (recording, use (making decisions based on them), publication, etc.)) whose processing of personal data is in the competence of another official.