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

In connection with the Bill amending the Law on Municipal Police, the Commissioner for Information of Public Importance and Personal Data Protection sent a letter to the Committee on the Judiciary, Public Administration and Local Self-Government of the Serbian Assembly in which he warned that certain provisions of the Bill are disputable from the aspect of constitutional provisions regulating the protection and processing of personal data.

The Commissioner addressed directly the competent committee of National Assembly taking into account the importance of the law, the public controversies regarding the powers of the municipal police, as well as the contentious situations in connection with the actions of municipal police officers. On that occasion the Commissioner emphasized that his remarks were given exclusively from the aspect of his competences, as well as that he could not provide his opinion at an earlier stage of preparation of the Bill because the Draft Law was not submitted to him and his opinion was not requested, although this is set out by the Government's Rules of Procedure.

The Commissioner warned that pursuant to the explicit provision of Article 41 of the Constitution, personal data processing, which, of course, includes "data on mental and physical ability to perform activities of the municipal police", should be regulated by the law and its regulation cannot be delegated to secondary legislation passed by ministers.