Source: "Glas javnosti”
AN INCREASE OF THE USE OF THE RIGHT TO FREE ACCESS TO INFORMATION OF PUBLIC IMPORTANCE IN SERBIAN CITIZENS
Rodoljub Sabic, Commissioner for Information of Public Importance, claims that there is an increase in the number of requests for public information from individuals, the media and political parties
BELGRADE – Serbian citizens are using the right to access information of public importance more and more, but it is necessary to increase observance and implementation of the Law in local communities, it was estimated at a public discussion on control of operation of public administration, yesterday. Rodoljub Sabic, Commissioner for Information of Public Importance and Personal Data Protection, said that that there is an increase in the number of requests for public information from individuals, the media and political parties.At the meeting, where an analysis of implementation of the five key laws, which are mechanisms to control authorities, Sabic has said that public authorities and public services are obliged to publish information on their work, even to offer it before it is officially requested. Exercise of the right set out in the law and the Constitution should be insisted upon. Publishing information must not depend on someone’s good will, since it is an obligation under the law-Sabic has said.
Sasa Jankovic, Ombudsman, has pointed out that there are only 12 local Ombudsmen in Serbia, even though a lot of municipalities and towns have decided to establish the service, and he has also estimated that the situation has improved at the central governmental level. Jankovic has highlighted that the question of existence of real political will for establishing control over government is raised, as the responsibility is often transferred to Ombudsmen and they are often ascribed powers they do not really possess.
They are asking for an estimate of constitutionality of the Law on Data Protection
BELGRADE – Rodoljub Sabic, Commissioner for Information of Public Importance, will submit a proposal for an estimate of constitutionality of three provisions of the Law on Personal Data Protection to the Constitutional Court at the beginning of the next week. According to him, the basis for processing personal data can be defined only by Law, and not by a secondary piece of legislation, but the problem has arisen when such a solution was inserted in the Law right before its adoption.
- That is opposite to the constitutional provision from the legal and grammatical point of view. I do not see any room for dilemmas, but maybe there are some in practice- Sabic has said.
Ombudsman, Sasa Jankovic has said that, so far in his practice, he has received complaints against the Law, but he has not acted upon them, because they have been transferred to Sabic. In his words, in the implementation of the Law on Personal Data Protection there is no room for improvisations, but ‘’the fact that, in one of its provisions, when and how personal data can be collected is defined differently than in the Constitution’’ can present a dilemma.
Vojislav Milosevic, representative of the European movement in Serbia, has said that in local communities the public does not show willingness to influence the change of implementation of the Conflict of Interest Law, whose provisions are not being implemented by the local officials at all.
-Citizens in local communities avoid submitting requests for a conflict of interest review, or using other mechanisms provided under other laws, fearing that public officials would take umbrage at that-Milosevic claims.
Stevan Lilic, law professor, said that monitoring in 18 municipalities and towns in Serbia has revealed that there are significant differences among certain communities in Serbia- from complete abidance to total blockage and ignoring of legal obligations. Implementation of the Law on Free Access to Information of Public Importance has been analyzed in relation to preventing the conflict of interest, public procurement, citizens’ safety and local self-government.
