The Commissioner for Information of Public Interest and Personal Data Protection believes that it is necessary to review the impact of the Law on data confidentiality. The Commissioner thinks that nearly three years after the adoption of the law, the lack of desired results could not be ignored because of the undoubted importance of this law for the realization of the right to free access to information, and for general legal certainty and security interests of the country.
In this context the Commissioner Rodoljub Sabic declared the following:

"A basic and certainly the biggest problem is that the government has not enacted the most important by-laws which are indispensable for the implementation of this law. It has not established a more detailed criteria for defining the degree of confidentiality and classification. From the formal and legal point of view, the direct consequence of that is that today   "confidentiality" of any document labeled confidential is questionable.
According to the law, the supervision over the implementation of laws and regulations adopted thereunder, is responsibility of the Ministry of Justice which did not dispose of the necessary staff at the time of the adoption of the law, and even today there are practically no human resources to perform this function, and as a result, an organized supervision of the implementation of this law is not carried out and the consequence of that is that that we, as a country, do not even a remotely realistic idea of the situation in this area.
The heads of state organs had the obligation to submit - within two years from the date of entry into force of the law - an assessment of the marks defining the level of confidentiality of information and documents, as specified by the previous regulations. The deadline passed, but the desired effects are entirely absent. There still exists a vast amount of inherited documents which still bear the unnecessary formal designation of confidentiality. What is more, this amount increases daily with new "secrets" that are being "created" easily in the absence of the necessary, precise criteria.
Another specific phenomenon supports the affirmation that the Law on data confidentiality exists more like a fiction than like a realistic element of the legal system. Namely, the Law on data confidentiality envisaged a unique nomenclature of classified information - internal, confidential, strictly confidential, state secret.. Therefore, it has eliminated, even as a concept, a notion of a "military secret" and "official secret". It is very indicative that both the Government and the National Assembly have continued to use in their legislative practice, and in a rather intensive manner, the "eliminated" concepts. There exists quite a big group of laws which have been adopted or amended following the entry into force of the Law on data confidentiality, in which concepts and forms of classification appear that this Law does not recognize.
These and some other facts point to the conclusion that all the conditions are met now to review the content of the Law and to either to proceed with its substantial innovation or to replace it with a brand new law."