Press Releases - Archive

Commissioner for Information of Public Importance and Personal Data Protection estimates that it is generally unacceptable for anyone to suffer negative consequences for exercising the rights guaranteed under the Constitution and the Law on Free Access to Information.

In letters addressed to presidents of the Journalist's Association of Serbia [UNS] and Independent Association of Journalists of Serbia [NUNS] today, Commissioner highlighted the case of the journalist Snezana Ceriman, employed with the PE ''Radio televizija Kragujevac'', who requested the Commissioner's assistance because she had been served the Warning Letter Prior to Termination for filing an request for free access to information to the energy supply company "EPS Snabdevanje", regarding the data on due power bills of PE ''Radio televizija Kragujevac''.

Recalling that Commissioner does not have any formal authority to assist in the protection of the status of the journalist under the labor law, and estimating that this is something that goes beyond the importance of the individual case and merits adequate reaction of journalist's associations and the public, Commissioner, Rodoljub Sabic, stated the following:

Commissioner for Information of Public Importance and Personal Data Protection passed a ruling ordering the Ministry of Foreign Affairs of the Republic of Serbia to provide to the journalist of the Center for Investigative Journalism in Belgrade information on diplomatic passports issued in the period 7 July 2008 – 27 April 2014, from which one can learn to whom the diplomatic passport was issued, what functions did the individual hold, the date of issuance and the expiration date of the passport.

Commissioner deems that the public has an undisputed and justified interest to know whether the public authorities abide by the law in the exercise of their competences, in general, and in terms of compliance with the legislation governing the issuance of diplomatic passports, particularly since there has been a public debate regarding the issue for some time now.

Commissioner estimates that the availability of the requested information would contribute to the uncovering of the truth, i.e. the removal of doubts about the legality of the operation of public authorities, or to the determining of the liability in the event of the violation of the law and it would serve to improve the actions aimed at eliminating potential omissions in the future.

On occasion of the news in the media that for opening new accounts, i.e. provision of new services, banks place before new clients the condition that they must sign a statement of consent for their personal data, i.e. data on changes on the account, to be deliverable to tax authorities of the United States of America, the Commissioner for Information of Public Information and Personal Data Protection instituted a special control procedure and requested the banks to declare the purpose and legal grounds for such personal data processing.

The Commissioner warns that in all cases when data processing is performed on the basis of consent it is not only necessary for the consent to be informed, i.e. the concerned person needs to be fully informed about the grounds, scope, purpose and consequences of data processing, but free as well, i.e. if it is conditioned, extorted, such consent cannot produce any legal effect, and personal data processing on such ''grounds'' would be illegal and contrary to the Law on Personal Data Protection.

In itself potential conditioning of banking services with the signing, i.e. denial of services due to non-signing of such a statement does not fall within the competences of the Commissioner, however I believe that this would also constitute violation of the law which the competent authorities should act upon, especially the NBS.

In this regard the Commissioner, Rodoljub Sabic, has stated the following:

The Commissioner for Information of Public Importance and Personal Data Protection has issued a warning to the Ministry of Interior on occasion of its failure to take technical, personnel and organizational security measures for the protection of personal data from the video surveillance system in PD Novi Sad.

The warning contains a 14-item list of deficiencies, and the MoI is to inform the Commissioner on the measures and actions taken to remedy the deficiencies in personal data processing within 15 days as of the date of the receipt of the warning.

The Commissioner, Rodoljub Sabic, has evaluated that this particular case is yet an additional proof of the chronic, multi-annual inadequate attitude to personal data protection and stated the following: