In connection with a request of the Beta Agency to the Commissioner for Information of Public Importance and Personal Data Protection to comment on Government's denial of information on existence and content of the Government's Decision envisaging payment of the amount of USD one million in connection with the "M. Kovacevic case", Commissioner Rodoljub Sabic said the following:
"I do not have reliable information on that decision; I was informed about it from the media. I share the opinion that the media should not speculate with information of state importance, but I warn you that unnecessary limitation of the right of the public to know is very often the cause for speculations. In the specific case, nobody filed me a formal request for protection of the right to access to information. Even if somebody had filed a request, I could not have acted on that appeal since the Government is one of 6 public authorities against which appeals may not be submitted to the Commissioner for Information; instead, the protection of right is provided in administrative proceedings before the Supreme Court of Serbia pursuant to Article 22 of the Law on Free Access to Information.
In view of the foregoing, I can comment on the possible decision and problems regarding the right of the public to know the its content only on the basis of some realistic assumptions and in general terms.
The purported reason for passing such decision is the fact that it may reduce or eliminate pressure in relations between our country and the USA, the harmful consequences of which may cost us much more than the said amount in dollars. A formal basis for classifying such decision as a secret may be easily found in the Government's Rules of Procedure. And under the law, the Government must explain what an essential, substantive basis, i.e. reason, for limiting the access of the public is. It is the Government's duty in any case and in this case it is reinforced by the fact that financial resources are managed in an unusual way and by the visible reactions of the public which show a lack of understanding of that action.
Namely, pursuant to Article 9 of the Law on Free Access to Information in our country, the fact that a document is classified as official, business or state secret is not automatic and sufficient reason to deny the right to access to information. In addition to that formal reason, the law also requires an additional substantive reason. Thus, information classified as secret may be denied to the public only if its disclosure "could have severe legal or other consequences for interests protected by the law which prevail over the interest for access to information."
The existence of this substantive requirement is evaluated for every situation. Thus, in this specific situation, on formal request for access to information, it should first be evaluated by the Serbian Government and after that, if an appeal is filed, by the Supreme Court of Serbia."
