Source: "Politika"
Interview: Rodoljub Šabić
Thanks to adopted amendments of the Commissioner for Information the Law has been significantly improved, and Rodoljub Šabić, holder of this function puts his efforts now in passing of the Special Law on Secret Dossiers’ Status.
What do you expect from the Data Secrecy Act? Would some of the historical events that have for decades triggered divides in Serbian public be clarified?
- Data Secrecy Act does not automatically mean opening secret dossiers. However, it provides for the obligation of reconsidering within two years all secrets that have been there, and that could and should have for its consequence a cessation of secrecy for a large number of documents, both those from the secret services’ archives, as of the others. However, due to bad experiences with application of reform laws, I think that it is not good that the Law does not provide sanctions for missing the given deadline, or automatic cessation of secrecy. Media and public attention should be directed towards the realistic law application effects, as well as that the Government should determine an implementation strategy which would cover priority objectives, deadlines, necessary resources and responsibility. Otherwise, speaking about opening of the very secret services’ dossiers, I think that, having in mind specific ethical, legal, safety and similar problems, which is also underlined in others’ experiences, a special law is needed and I apply myself to its passing as soon as possible.
How much have the experiences of other states been used in the law compilation?
- In the law compilation occurred a “Copernican” type turn. The primary version was really poor and directly opposed to good experiences and practice of the others. I have criticized it, because the solutions have been extremely rigid, especially in relation to access of independent controlling bodies to confidential information, and because it would significantly aggravate functioning of Ombudsman and of the Commissioner for Information, and practically it would render useless functioning of the Agency for Fight against Corruption and of the State Auditing Institution. There were also other bad things and it is really good that based on amendments by the Ombudsman and of the Government itself the law has been significantly improved. Now it significantly resembles the laws of more-or-less all countries that have opted for European integrations, which means also ex-communist countries.
Do you expect a certain rush on the archives by the historical events’ researchers, but also by ordinary citizens?
- Through the practice of the Commissioner for Information I had a chance to assure myself in existence of the serious interest of both domestic and foreign, expert and ordinary public. I expect that the new law shall strengthen that interest, but it would not lead to a rush.
Does Serbia have staff that could professionally perform the jobs of removing secrecy from confidential documents?
- One part of staff in the authorities has solid experience with democratic standards of the modern world pertaining to classification (of secret) information. However, based on experience, I’m afraid that multi-decade period in which the „confidentiality“ has been based on standards from the first half of the last century and on more-or-less arbitrary criteria, has left a deep mark there. So, there is some of the staff, but not nearly enough, we would have to do much on educating the available staff resources.
Do you expect problems during removing secrecy from the security services’ information?
- Possible problems should not be linked only to security services. The fact itself that for a couple of years in a row, BIA is handing over documents from secret services’ archives of ex-regimes is supportive of change. But, there are also sufficient secrets that do not have any relationship with them, behind which hide illegitimate group or personal interests, various “combinations” for abusing public money or public goods. Those people and groups whose interests are at stake shall try both by active and “passive” resistance to keep those information far from the eyes of the public.
