Lodging Complaints with the Commissioner
A requester (data subject) may lodge a complaint with the Commissioner:
1. Against a data controller's ruling rejecting his/her request or against a resolution denying his/her request for formal reasons. The deadline for lodging of complaints in this case is 15 days of the date of submission of a ruling or a decision to the requester.
Enclosed with a complaint, a requester must submit a copy of his/her request and a copy of a ruling or a resolution against which the complaint is lodged;
2. If a data controller fails to decide on a request within the specified time limit or fails to notify a requester whether he/she holds the requested data, fails to grant access to data or issue a copy of data (depending of what was requested), or fails to do so within the deadline and in the manner specified by the law. This is a complaint against the so-called "silence" of authorities.
Enclosed with a complaint against "silence" of authorities, the complainant must submit a copy of a request submitted to a data controller and evidence of its delivery or sending. Such complaint may be lodged upon expiry of the statutory deadline of 15 days for data controller's acting upon a request to obtain notification or the statutory deadline of 30 days for acting upon a request to access data or a request for issuing of a copy of data. If in the meantime, upon lodging of a complaint, the complainant receives the requested data from a data controller, he/she may withdraw the complaint lodged with the Commissioner.
Complaint forms are available at: http://www.poverenik.rs/sr/formulari-zastita-podataka.html
Legal Action before the Administrative Court
The Commissioner's decisions are not subject to complaint, but may be challenged in the administrative proceedings by taking legal action before the Administrative Court within 30 days of the date of receipt of the decisions.
