Source: "Blic"
OSCE criticizes Data Confidentiality Law
N. Korlat
The Article which would prevent the Commissioner for Information and the Ombudsman from accessing certain information has finally been deleted from the Draft Law on Data Confidentiality. However, since certain provisions of these regulations are still disputable, the Organization for Security and Cooperation in Europe has recently reacted to that.
According to our sources, OSCE has recently submitted a list of objections pertaining to the Data Confidentiality Law to the Serbian Government and the Ministry of Justice. Although the main objections pertain to the Article which has recently been repealed at a Government's session, OSCE did not stop at that. The communication sent to all competent authorities also states that this Law defines the concept of secret too broadly and that control mechanisms must be strengthened and insiders' position protected.
Mr. Slobodan Homen, State Secretary at the Ministry of Justice, said in his statement given to "Blic" daily that an entire disputable Article had been deleted from the Law and that the Law would be submitted to the Assembly sometime around 1 December.
"I think these regulations are complied with opinions of the Council of Europe, OSCE and the European Commission and that there is nothing disputable about them any more", Mr. Homen said. The position of whistleblowers or insiders, as they are called in Serbia, has not yet been legally regulated under the Data Secrecy Law and Law on Free Access to Information of Public Importance, which should be submitted as a "package" to the Serbian Assembly. Although Mr. Sasa Jankovic, Ombudsman, proposed an amendment pertaining to that, the chances for it to be adopted are minimal.
"The position of insiders should be regulated under the Law on Free Access of Information, but we do not know when that will happen. It should be discussed on Government's session on Thursday", the Ministry of Culture said in its statement. The Ministry added that similar amendments had been proposed before, but they were not adopted because it was estimated that the Data Confidentiality Law should be passed first. Mr. Rodoljub Sabic, Commissioner for Information, said that adoption of the Ombudsman's amendment was necessary and that competent authorities should not propose a less favourable arrangement.
Interfile: Insider two Years behind Schedule
Mr. Rodoljub Sabic reminded that regulation of the legal position of insiders in Serbia was two years behind schedule. As a member of the Group of States against Corruption (GRECO) of the Council of Europe, Serbia had a duty to do this by 2007.
