The Commissioner for Information of Public Importance and Personal Data Protection Radoljub Sabic talked today with the Prime Minister of Serbia Mirko Cvetkovic and Minister of Public Administration and Local Self-Government Milan about open issues with regard to the implementation of the Law on Free Access to Information of Public Interest and the Law on Personal Data Protection, particularly the Government’s attitude towards its obligations in creating prerequisites for the consistent implementation of both laws.
Evaluating what was agreed that it could be a far the greatest contribution to solving issues recognized long ago, the Commissioner Rodoljub Sabic said the following:
Regarding issues in the implementation of the Law on Free Access to Information we agreed that the effective enforcement of the Law cannot depend only on the Commissioner’s activities, even when he had at his disposal a much larger resources of the modest available. The Commissioner has no available mechanism which, in case of need, can compel to ensure enforcement of his decisions and cannot, not only to punish violators of the law, but even commence the proceedings against them. These mechanisms are in the hands of Government and have not at all, or at least not properly activated, which objectively encouraged the violation of law.
With regard to that, the Government shall, without delay, by making special regulations or conclusions and proposals for amendments to the Law on Free Access to Information, provide better prerequisites for forced execution of the Commissioner’s decisions and take concrete steps to ensure so far unexecuted solutions. We agreed that the issue of responsibility was treated in inadequate manner and it should be intensified and it was agreed that the Administrative Inspection under the Ministry of Public Administration shall, without hesitation, take concrete steps in that direction, filing a number of misdemeanor charges.
Regarding the Law on Personal Data Protection, it was agreed that the Government adopts a National Strategy for the implementation of protection of personal data which draft I and my associates prepared in collaboration with experts from the EU Commission, and delivered last year to the Government of Serbia. Draft strategy in the procedure against the governmental working bodies is advocated by the Ministry of Justice.
It was agreed that the Government, considering the fact that deadlines established by law are significantly exceeded in which period is supposed to be adopted a Regulation on keeping and storing very sensitive data, that is very important for the implementation of the Law on Personal Data Protection, shall adopt the said regulation as soon as possible.
The Prime Minister pledged his personal commitment to improve spatial, logistical and other requirements for operation of the institution of the Commissioner. "
