The Commissioner for Information of Public Importance and Personal Data Protection ordered the PUC "Infostan" from Belgrade to deliver the requested information related to the "voluntary insurance", which was recently reported in the bills of Infostan to the party that requested the information, namely the NGO YUCOM from Belgrade.
The request for information related to the contract concluded between the PUC "Infostan" and Joint Stock Insurance Company Generali Insurance Serbia I.E the act which contracted such insurance, such protocol on the method of work and implementation of insurance services and the approval of the Alliance of Independent consumer organizations was given to those services.
The Commissioner says that Infostan's claim that the contract concluded between the PUC "Infostan" and Generali Insurance JSC Ltd Serbia envisages the obligation of professional secrecy, and that the PUC "Infostan" cannot be released from the obligation without the written consent of the other contractual sides is legally unacceptable.
No contractual provisions can condition or suspend the application of the law, and in this case Infostan did not prove nor could have proven that the legal conditions for limiting the rights of the public were met.
The public has an interest and a right to know whether a public company operates in accordance with the law. In the present case this interest was further reinforced because it was a "legal transaction" that served as a "basis" for the unlawful processing of personal data of an extremely large number of citizens, Infostan service users, which had already been the reason for the reaction of the Commissioner who also filed the requests for initiating misdemeanor proceedings against responsible persons, Infostan and Generali Serbia's General Managers.