Commissioner for Information of Public Importance and Personal Data Protection Rodoljub Šabić, spoke today with Vladimir Božović Secretary of  Ministry of Interior on outstanding issues related to the implementation of the Law on Personal Data Protection in the Ministry of Interior.

Specific topics of discussion were the prior warning data and initiatives of the Commissioner to regulate so-called security checks by the law.  The Secretary of State has informed the Commissioner that the appropriate actions were taken in connection to this in the Ministry of Internal Affairs, and that draft amendments to the Law on Police were prepared and the Ministry will ensure that these amendments will be formally proposed as soon as possible.

In this context Rodoljub Šabić stated the following:

„The need to implement appropriate treatment of personal data known as so-called security clearance for the performance of some functions or jobs, is a reality and necessity in every modern state, and of course our own. That's why they should be arranged in accordance with the Constitution and to be clear and precise, and not in a manner that results in numerous drawbacks, dilemmas and issues.

Given the existing gaps, especially the fact that the Serbian Constitution in Section 42 expressly provides that "the collection, holding, processing and use of personal data is regulated by law," in mid-October 2012, I sent the Serbian government initiative to background checks under the law.

For decades in Serbia this matter is only partially regulated incomplete and inaccurate,  by provisions of few laws and mostly by-laws. Most of them do not contain provisions on the basic terms, the purpose and procedure of checks, etc., and leaves too much space for discretionary action of authorities, and even individuals.

Decades of application of these regulations led and leads today to violations of human rights and freedoms, notably the right to privacy and the right to protection of personal data. Very often the provisions of the Law on Personal Data Protection are not respected which are governing the rights of persons whose data are processed, although it is provided by law the civil or criminal liability in certain cases.

By submitting the Serbian government initiative I had an idea that matters of security checks should be regulated by one law, within which jurisdiction would be concretized different subjects – MUP, BIA, VBA. But, the Constitution stipulates that this matter is regulated by law, and not bylaws, and that can be fulfilled partially, by several laws.

That's why I consider positive activities of the MUP to amend the Police Law, expressing hope that their adoption will in due course made ​​another step towards harmonization of laws with the principles established by the Constitution of Serbia. I certainly hope that soon the activities of other subjects that deal with the security checks will be arranged as required under the Constitution of the Republic of Serbia."