In his letter sent to the Minister of Trade, Tourism and Telecommunications, the Commissioner for Information of Public Importance and Personal Data Protection requested from this Ministry as an authority responsible for enforcement of the Law on Electronic Communications (LEC) to inspect all electronic communication providers because of the facts which show that vast majority of operators do not comply with the provisions of LEC on keeping of records of "interception" of communications and access to retained data (Article 130а of LEC).

According to the reports submitted to the Commissioner, about 80% of the total number of operators do not comply with the said duties, while non-compliance with these duties is punishable under LEC by imposition of a fine in the amount of between one and two million dinars for legal entities and between 100,000 and 150,000 dinars for responsible persons and the Law also sets out a possibility to impose an injunction barring the entity from pursuing its business activities.

Noting that he addressed the competent ministry last year in connection with the same issue and with the same request, which gave results, although they were obviously only temporary, Commissioner Rodoljub Sabic said the following:

"Only 34 of almost 180 operators that retain communication data and have the duty to keep records of that confirmed they comply with this duty.

It is worth recalling that this is a legal duty included in the law with the aim of improving control of activities which leave scope for invasion of privacy of a large number of citizens and for derogation from constitutional guarantee of secrecy of communications.

Such mass non-compliance with a strict legal duty is, unfortunately, yet another confirmation of weaknesses of the dominant concept of "implementation of the European standards" in the legal order in Serbia. It is definitely high time we faced the fact that there is little use of even the highest standards in the law without knowledge, willingness and readiness required to apply them. It is necessary to work much more on education and to ensure constant and efficient control.

In addition to the above, of course, it must become certain and quite normal that anyone who does not comply with or violates legal duties suffers adequate consequences and this is why, among other things, I asked the Ministry for information about whether infringement proceedings have been instituted against operators who disrespected their duties last year."