The applicant addressed the Commissioner for Information of Public Importance and Personal Data Protection on 6 June 2011 for an opinion whether the immediate family members (spouse, children, sisters) have right to insight into the autopsy report of the deceased, who had died under mysterious circumstances, as stated in the request.
The Commissioner's Response No. 011-00-252 /2009-03 dated 6.06.2011, states, inter alia, the following:
"Article 14 of the Law on Free Access to Information of Public Importance ("Official Gazette of RS" Nos.120/04, 54/07, 104/09 and 36/10) stipulates that applicant's right to access information of public importance shall not be fulfilled if it would thereby violate the right to privacy, the right to reputation or any other right of a person that is subject to information, except if the person has given his consent.
According to Article 10 (6) of the Personal Data Protection Law ("Official Gazette of RS", Nos. 97/08 and 104/09-other law), a consent to process personal data (process includes insight or making available in other way) on data subject who has deceased, can be granted by spouse, children who have reached the age of fifteen, parents or siblings, or legal heir.
All above mentioned gives rise to an affirmative response to your question that the said family members have right to insight into the autopsy report of the deceased.
In addition, another explanation:
The right to insight into an autopsy report and/or obtaining a copy of it, may be exercised by filing a request for free access to information of public importance to the institution that holds it, according to the Law on Free Access to Information of Public Importance. In that case, the requested information made available to an applicant, in this case to you", might be available to any other potential applicant, as a representative of the public, which implies your waiver of the privacy of the deceased.
In case if you do not want the information requested to be available to the public, but only to you, then you can exercise your right to insight and/or obtaining a copy of document pursuant to the Personal Data Protection Law, also by filing a request to the institution that holds the document.
If the institution fails to act upon your request or refuse your request, regardless of the basis on which you filed your request, you may submit an appeal to the Commissioner.
You can find more information on how to exercise both rights on the Commissioner's website: www.poverenik.rs, where you can download forms of requests and appeals. "
(Abstract, Commissioner's Response No. 011-00-252 /2009-03 dated 6.06.2011)