The Commissioner for Information of Public Importance and Personal Data Protection passed today a decision on a complaint submitted by Judges’ Association of Serbia against the High Judicial Council for denial of access to information on general appointment of judicial officials. The Commissioner noted that the complaint was grounded and passed a decision ordering the High Judicial Council to make the requested information available to the Judges’ Association of Serbia.

Furthermore, persons authorized by the Commissioner for Information will today or tomorrow at the latest inspect and directly examine relevant documents of the High Judicial Council in connection with the publicly stated concerns that data from the SIA were processed and used in the appointment of judicial officials.

In connection with that, Commissioner Rodoljub Sabic also said the following:

“The procedure of general appointment of judicial officials is of paramount importance, not only for the participants in that procedure, but for the entire society as well. That said, every piece of information relevant for the procedure of general appointment is a completely legitimate object of interest not only for the candidates involved, but also for the general public. That is why I said as soon as the Judges’ Association submitted the complaint that the very fact they had to lodge it because there was no reply to their request is worrying in itself.

Acting on the complaint, I found out that the information the Judges’ Association requested is beyond doubt information of public importance within the meaning of Article 2 of the Law on Free Access to Information of Public Importance. The statement of the High Judicial Council which I requested in connection with the complaint contained no reason which could challenge that. Deliberating on the allegations from that statement and other relevant circumstances I found no legal grounds for denial of that information. Accordingly, I ruled that the complaint of the Judges’ Association was grounded and ordered that information be made available.

Inspection was performed in connection with suspicions that personal data obtained from the SIA were processed in operation of the High Judicial Council contrary to the Constitution and the Law. The inspection started on 3 January by examination of documentation on correspondence of the High Judicial Council, minutes on Council’s operation and candidates’ files. On the basis of the results of inspection it can be stated that there is no evidence in documentation on Council’s operation to confirm those suspicions.”