Source: Danas
For 'Danas', Rodoljub Sabic, the Commissioner for Information of Public Importance
The Interview
Belgrade - Rodoljub Sabic, the Commissioner for Information of Public Importance and Personal Data Protection, welcomes the removal of the clause in the Proposal of the Law on Information Classification that limited the access of independent institutions to confidential information.
In his opinion expressed for 'Danas', he believes that this is 'something that is completely normal'.
- The suggested limitations, from the democratic standpoint, are absurd. They do not exist anywhere in the democratic world and are directly oposed to clauses of relevant international documents that Serbia ratified, such as the Council of Europe's Convention 108, as well as the Additional Protocol to this Convention - says Sabic. According to Sabic, 'completely ordinary is the fact that independent institions such as the Commissioner or the Ombudsman would have to undergo security checks as outlined in the Proposal.
- Of course, these checks concern the functionaires and employees of the institutions, not the institutions themselves. It is understood that individuals who work with confidential information undergo security screenings - Sabic points out. Regarding the Proposal of the National Strategy for Personal Data Protection which the Commissioner forwarded to the Government of Serbia, Sabic says that by ratifying the Stabilization and Association Agreement, Serbia made a committment to harmonize its jurisdiction with European personal data protection standards, as well as ensure the actual application of these standards in practice.
- Even without this formal obligation, it was high time we started changing things in this disorganized sphere of human rights - Sabic explains. Moreover, he points out 'the worrisome tardiness when it comes to standard harmonization, getting the citizens and the general public acquainted with the importance and the influence of their newly acquired rights, and establishing an efficient mechanism of independent standard application supervision'.
- The consequences of this tardiness have to be overcome as soon possible, or, else, this will become a grave problem in our association to the EU - he mentions. Sabic emphasizes that these consequences have to be overcome as soon possible or they will be a major issue in our accession to the EU.
- The Proposal of the National strategy for personal data protection, which defines key aims, necessary measures and activities, as well as the role and the responsibility of the Government, the Commissioner and other entities, is an attempt to help meet the set objectives and execute international commitments. The experiences of other transitional countries, tell us that it is very important for the Government to adopt this or similar document, since the existence and the implementation of a clearly defined strategy is an important supposition for achieving the necessary results - Sabic stated.
He mentions that the Law envisions various penalties for misuse of personal data.
- I think that, unfortunately, we should not be talking of penalties as of yet. I am afraid that the evaluation of Serbia from 2006 by the EU Commission still applies since the judiciary has not been harmonized with that of the EU and, also, there is no independent regulatory body for data protection, which would be able to implement the Law. This makes the rules on personal data protection purely theoretical, fails to ensure their application, and remains a cause for concern - Sabic points out.
Between the lines: Only 12 instead of 69 employees
As explained by Sabic, the Law on Personal Data Protection, passed almost a year ago, envisioned the Commissioner as an 'independent regulatory body' in this particular field, but, 'thanks' to the Ministry of Finance's rigid attitudes, nothing has been done to allow for a more complex and comprehensive scope of work. He points out that the Commissioner should have 69 employees according to the Parliament's decision, but he still only has 12.
