COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION

logo novi


COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION



logo novi

COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION

Expired

The Commissioner for Information of Public Importance sent a letter to the addresses of 119 public authorities, warning them about the duty to act according to the order from the decision of the Commissioner for Information, and the obligation to inform him about implementation of the decision. On this occasion, Commissioner Rodoljub Šabic said the following:    

“Decisions of the Commissioner for Information are binding for government bodies they refer to. Of course, this is not because I think and say so, but because it is specified by Article 28 of the Law on Free Access to Information. Failure of government bodies to act on those orders constitutes deliberate violation of the Law.

Statistically, this issue may not be significant, but it is significant from the aspect of principles. Namely, in the practice of the Commissioner for Information so far, over 90% of cases have been ended by submission of information to a requester which was previously, before a complaint to the Commissioner for Information, denied to him. In most cases there was no need for formal decision, the Commissioner's intervention was enough.

Although the number of 100 to 200 unexecuted decisions is only a small percentage of the total number of cases of the Commissioner for Information, it is not to be underestimated. It is absurd, very detrimental and utterly irresponsible when public authorities, regardless of their level, do not respect their duties set by the law. What is especially unacceptable is the fact that it is done by government bodies, those who should, in the normal state of affairs, have a special role and responsibility in ensuring compliance legality (for example the Ministry of Infrastructure, the Ministry of Internal Affairs, the Republic Electoral Commission, the Privatization Agency, the Republic Public Attorney, the Republic Institute for Health).

Persistent denial of information which is against the Law, even after an order from the Commissioner for Information, has negative effect on reputation and trust in institutions and laws of Serbia. This is especially so in cases when the subject of a request is information in which the public is particularly interested, such as those about the allocation of valuable public resources, privatization, financing of political parties etc.

This is why, if we really want a new relation of the government towards the public, which would be much more appropriate for democratic relations, and which is necessary anyway, the future priority tasks of the new Government should certainly include strengthening of responsibility for these actions. And of course, much higher responsibility for its own duty specified by law, the duty of the Government to enable implementation of the Commissioner's decision where necessary.”

 

Monthly Statistical Report
31/12/2024
PENDING: 16.975
DONE: 169.894

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