The Commissioner for information of Public Importance Rodoljub Sabic has passed two sub legal acts important for implementation of the Law on Personal Data Protection. These are the Rules governing authentication of personal data, and the Rules regulating the form of special official ID of controllers - monitors who will be authorized by the Commissioner to have access to all information in performing their work. The Rules will come into effect following eight days upon their publishing in the Official Gazette of the Republic of Serbia.
In this context the Commissioner for Personal Data Protection stated the following:
‘'The Law on Personal Data Protection, as well as many other laws envisages passing a certain number of sub legal acts, necessary for its implementation. This is the liability of the Commissioner for Information of Public Importance and Personal Data Protection or the Government of the Republic of Serbia.
By passing these two acts I am complying with my obligation, completely aware of the fact that this is significant, but also that it is just an abstract principle inapplicable at the moment as the Commissioner does not have a single person to work on personal data protection tasks at the moment.
I am reminding the public that by signing the Treaty on Stabilization and Association to the EU Serbia took on certain responsibilities. Noncompliance could make present optimism about Serbia's approximation to ‘'white Schengen'' and EU, unreal. Among other things, our country has undertaken to harmonize our laws in the field of personal data with EU standards, and establish an independent monitoring body with all resources necessary to ensure implementation of these standards. However, notwithstanding the Commissioner's and the Ombudsman's warnings, even the new Law on Personal Data Protection contains certain solutions incongruous with EU standards. It is evident, even without a more detailed analysis, that a certain number of out laws contain many solutions which are in direct opposition to EU standards.
At the same time the Commissioner has only 12 members of staff, which is 80% less then the number under the act endorsed by the National Assembly. The Government of the Republic of Serbia did not show readiness to increase the Commissioners resources in the least. In this situation it is practically impossible to expect actualization of monitoring of the enforcement of these standards under the Law.''