The Commissioner for Information of Public Importance and Personal Data Protection deems the two decisions, which have recently been issued by the Constitutional Court of the Republic of Serbia in quick succession, regarding the rights which exercise is ensured by the Commissioner, as very significant for the exercise of human rights guaranteed by the Constitution and the law. The Commissioner has expressed his pleasure as the decisions affirm the positions which the Commissioner has insisted on since the beginning of implementation of the Law on Free Access to Information of Public Importance and the Law on Personal Data Protection.
In this regard the Commissioner, Rodoljub Sabic, has highlighted the following:
''The first decision, which has been issued by the Constitutional Court of the Republic of Serbia on the constitutional appeal (TV B92) regarding the right to access information and confidentiality of data, is particularly relevant due to the fact that, even though the wording only states the right to fair trial, the Court has in the disposition explicitly addressed the essence of the right to access information as a fundamental right, by referring to the decisions of the ECHR, the obligation of public authorities to evaluate the conflicted interest in order to minimize the limitation to exercise rights, if any limitation is necessary at all.
The following part is of particular relevance: ''The Constitutional Court holds that ''necessity in a democratic society'' is a factual matter which shall be evaluated in each case. Therefore, to deny access to a document it shall not be sufficient for it to formally and legally be classified as a top secret document, in addition, the classification shall be based on an interest which is to be protected and which shall in certain cases prevail against the public's right to know."
The decision is available at the Commissioner's website in the section Home – Access to Information – Cases – Domestic courts - Decisions – Secrecy of Documents – information", and via the link
http://www.poverenik.rs/images/stories/stavovi-i-misljenja/odluke-domacih-sudova/uz-18232010.pdf
The second decision on the Proposal to review the constitutionality of provisions of the Law on Electronic Communications, which has been submitted jointly by the Ombudsman and the Commissioner, which challenges the constitutionality of the Law on MSA and MIA, and which the Court has already issued a decision on, is relevant not only as a contribution to the protection of human rights but also because it raises several issues regarding both the right to personal data protection and the relationship between the Constitution and international legislation and case law (namely case law regarding the exercise of rights under the European Convention), concluding, inter alia, that the Constitution of the Republic of Serbia in connection with the protection of confidentiality of letters and other means of communication "provides for higher standards of protection of inviolability....than those guaranteed under international legislation". Should a state in certain cases provide for guarantees which protect something to the extent beyond the international standards, it shall then be obliged to abide by them.
The decision is available at the Commissioner's website in the section Home – Data Protection – Cases – Decisions of the Constitutional Court of Serbia, and via the link
http://www.poverenik.rs/images/stories/praksazastita/Odluke-Ustavnog-suda/IUz12452010.pdf . "
