With regards to the adoption of the Ordinance on the content, deadline, and the manner of acquisition of data necessary for the establishment of the Central Registry of Mandatory Social Insurance and the announced publication of the Debtors' Registry online, the Commissioner for Information of Public Importance and Personal Data Protection sent a letter to the Prime Minister of the Government of the Republic of Serbia pointing out the necessity to change the attitude of the Government as a whole towards the fulfillment of obligations and activities in the field of personal data protection.
In his letter, the Commissioner warns that, on one hand, measures that can seriously infringe upon human rights are undertaken very easily and swiftly without paying attention to the existence of any legal basis or the existence of principles of proportionality and necessity, while, on the other, it is baffling that the Government is running late with the to adoption of legislation and the implementation of measures that are absolutely essential.
In this regard, the Commissioner Rodoljub Sabic also stated the following:
"For example, I will remind you that the Government adopted the Strategy on Personal Data Protection on the 16th of August 2010. At that time, the Government envisioned the adoption of the Action Plan for the realization of the Strategy within 90 days. In less than a month, a year will have passed since the Government failed to meet the deadline it brought upon itself.
An even more drastic example is that fact that, at the beginning of November, it will be two and a half years since the Government was obliged to adopt and Ordinance on the manner of safekeeping of especially sensitive data. The Government was, and still is, obliged to pass the aforementioned Ordinance in accordance with the Law on Personal Data Protection. The deadline for the adoption of the Ordinance expired on the 4th of May 2009. Without the above-mentioned Ordinance, the protection of the so-called especially sensitive data is only an empty proclamation.
Despite of numerous warnings by the Commissioner, who does not have jurisdiction to draft legislation, it is obvious that the delay in the adoption of legislation is worrisome. These pieces of legislation should have developed the standards of personal data protection already established in the Law on Personal Data Protection further. We would need to have the laws on biometrics, video surveillance, and the private security contractors, or, at least, a Law on Personal Data Protection with provisions addressing these areas, because the absence of the provisions also means a great risk of possible infringement upon human rights.
Due to all of the above, I sent an appeal to the Government to, on the 9th of December, adopt or confirm future adoption of the aforementioned legislation, because this could have some impact on the decision of member states regarding our candidacy for membership to the EU, but, more importantly, because this is absolutely necessary from the perspective of the improvement of the protection of constitutional rights of our citizens."