On the occasion of publication of personal data from the investigation of rape and murder of a minor A.S. from Vratarnica near Zajecar in several daily newspapers, the Commissioner for Information of Public Importance and Personal Data Protection initiated the supervision procedure over implementation of the Law on Personal Data Protection in the Ministry of the Interior.

Persons authorized by the Commissioner will start a supervision procedure today in the premises of the Ministry in Belgrade. With regard to the sort and amount of data made available, a supervision procedure may also be initiated, if necessary, in the Higher Public Prosecutor' Office in Zajecar, competent in the case of A.S.

After completion of the supervision procedure, the Commissioner will, as usual, inform the public on the facts determined and the measures to be taken.

A range of circumstances in relation to the reporting of the tragic case of A.S. constitute not only a serious breach of professional and ethic journalistic standards and gross insult to the dignity of the victim, her family and the public, but violations of the law as well. Bearing in mind the fact that in many texts the crime is "analysed" in a manner that suggests a journalist's direct access to reports on investigative actions, records and even the autopsy findings, this could be not only a violation of the Law on the Personal Data Protection but also other laws, such as the the Law on Public Information and Media, the Criminal Code and the Criminal Procedure Code of the Republic of Serbia. This indicates the need of taking appropriate measures by other competent authorities as well, and not only the Commissioner.

In this regard, the Commissioner once again reminds that our legislation provides for forms of liability (beyond the authorities of the Commissioner, since he has neither factual possibilities nor the legal authority to conduct criminal investigations and criminal proceedings), which are practically not enforced. The provisions of the Criminal Code of the Republic of Serbia, Article 146 stipulate:

"(1) Whoever without authorisation obtains, communicates to another or otherwise uses information that is collected, processed and used in accordance with law, for purposes other than those for which they are intended, shall be punished with a fine or imprisonment up to one year.

(2) The penalty specified in paragraph 1 of this Article shall also be imposed on whomever contrary to law collects personal data on citizens and uses data so collected.

(3) If the offence specified in paragraph 1 of this Article is committed by an official in discharge of duty, such person shall be punished with imprisonment up to three years."

The Commissioner holds that the events in the tragic case of A.S. prove that it is necessary and that it is high time that the authorities, the prosecution and the Ministry of the Interior started enforcing the above legal provisions of the paragraph 3, Article 146 of the Criminal Code, which have so far been practically unenforced.