The Commissioner for Information of Public Importance and Personal Data Protection ordered the Ministry of Internal Affairs to stop inadmissible processing of personal data of police officers and the citizens which they control through video camerainstalled in patrol cars, as well as through audio recording devices installed in the equipment and uniform of traffic police officers.

In connection withthe news published in certain media from "a source inside the Ministry of Internal Affairs", as well as comments of certain traffic experts who obviously do not have sufficient relevant facts at disposal, that such Commissioner's decision allegedly "puts traffic safety at risk", the Commissioner emphasized that inadmissible data processing has no effect on traffic safety.

In that regard, Commissioner RodoljubSabic said the following:

"Insteadof spreading misinformation and causing confusion, journalists and experts should for example search for an answer to the question why and on what basis 1.5 million euros have been spent "for the purpose of traffic safety" to purchase equipment which has actually no impact on traffic safety.

The relevant enactment of the Traffic Police Administration of the Ministry of Internal Affairs titled "Explanation on Police Control Using Audio and Video Surveillance in Traffic Police Vehicles" states that a vehicle equipped with such surveillance equipment is used for recording of interventions ofpolice officers while the vehicle is in motion, by travelling behind a controlled vehicle at the distance of three to five meters and that AVI surveillance is also used for recording of interventionsof police officers in stationarytraffic control from the same distance "because it is impossible to zoom in at greater distances due to image graining".

One does not have to be a traffic expert to know that, if police officers were to follow this "order" (3-5 meters), it is in fact they whowould directly jeopardize traffic safety. To illustrate this, at the official website of Traffic Police Administration of the Ministry of Internal Affairs, under the heading "Prevention" at http://prezentacije.mup.gov.rs/usp/Preventiva/Brzina.html, there is a table which among other things states that, at a speed of only 50km/h,the stopping distance is 29 meters in dry conditions and 45 metersin wet conditions. The text goes on to explain that failure to keep a safe distance from the vehicle in front is one of the most frequent causes of traffic accidents.

The interpretation that the Commissioner's ban relates to the so-called "interceptors" is completely wrong and I hope it is not ill-intentioned. Anyway, this is also clear from explanation of the Commissioner's ruling. The role of "interceptors"is defined by the law and they have equipment appropriate for its purpose –to obtain evidence of amisdemeanor. And inadmissible data processing has absolutely nothing to do with traffic safety. This is not about traffic control;the real subject of surveillance is traffic police itself, as well as the citizens with whom it communicates.

It is open to debate whether the introduction of such surveillance would be good and legitimate for example from the aspect of the fight against corruption or torture, but it can in no way be good and legitimate to try to implement such ideas in an unconstitutional and illegal manner.

The Constitution of the Republic of Serbia stipulates that processing of personal data is "regulated by the law". In this specific case, the processing is not regulated by any law. Recording of anunspecifiednumber of police officers (and also the citizens, participants in the traffic) is performed without legal authorization and the purpose set by the law or without an appropriate court order. This is why the Commissioner sent an appropriate warning to the Ministry of Internal Affairs as early as several months ago, after inspection. The Ministry of Internal Affairs did not reply, although it had to do so. As it did not reply even after the Commissioner's pleading, a ban was imposed and will remain in place until the procedure is brought in compliance with the Constitution and the law."