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?

Source: "Blic"

Unfortunately, once again, implementation of some important anti-corruption solutions from the „new“ Public Procurement Act has been suspended. It has been done factually without any changes of the law, without any, even formal explanation.  Just „simply“ no funds have been provided in the Budget for the work of Commission for Protection of Rights, and besides that, even after several months’ lateness its members have not been appointed.

There is no doubt that this would have completely undesired effects. And irresponsible ignoring of warnings from the current Commission Chairman who has responsibly pointed out that we are threatened by a collapse of public procurements’ system, can not mitigate that damage, on the contrary. It is realistic that we can face a blockade of public procurements or a complete desisting from legal solutions’ implementation.

Rodoljub Sabic

It is good that we will enter new near with a new law that we have never had before. All democratic countries have (secret) data classification laws containing answers to questions which are always raised whenever public access to certain information on operation of public authorities is limited. They contain answers to questions who, when, how long, in what procedure, and with what explanation can limit the public right by giving certain information the status of a secret, who and how has the right to access information, who and how controls the whole process, who can recall the status and the like. Instead of such a law, Serbia had an incredible, confusing and non transparent labyrinth of several hundreds of, mainly anachronistic regulations ’’regulating’’ this field. Long duration of the situation has had numerous negative consequences on the exercise of public rights, the legal order, civil rights and international reputation of the country.

Source: "Blic"

It is good that, in relation to the Law on Secrecy of Information, which has recently been adopted by the National Assembly, two good things can be said with certainty.  The first is merely the fact that we finally have a law needed in a democratic society.  As opposed to the great majority, more or less all European countries, Serbia had not had a law which would define classification of secret information, but rather an incredible conglomerate of dosens of hundreds of reglations, mainly obsolete and anachronistic ’’regulating’’ this issue.  Long duration of such a situation has, of course,  had numerous negative effects of the operation of the legal order, civil rights and international reputation of the country. The other good thing is that, a better version of the law than the suggested one has been adopted, and that the Ombudsman’s and the Government’s ammendments have removed some flaws, which would have renderd the draft version completely unworthy of a bottom mark.

Source: "Blic"

We are being sent a pile of advertising material with the payment slips

PUC“Infostan” has been forwarding advertizing material along with the payment slips to the unwilling citizens who do not have a possibility to ‘’unsubscribe’’, for years now. Rodoljub Sabic, the Commissioner for Information of Public Importance and Personal Data Protection, has said for “Blic” that what “Infostan” has been doing, represents a so called ‘’direct marketing”,  which is a violation of the Law on Personal Data Protection and the Law on Advertizing.

In PUC “Infostan” they state that there are no technical conditions, for the citizens to unsubscribe advertizing material if they do not wish to receive it. So far, they have received only one complaint, from a citizen who has asked not to receive the advertizing material.

-As packaging of the payment slips is performed mechanically, we are considering a possibility of, asking the users to inform us whether or not they wish to receive payment slips for participating in humanitarian actions, notices and additional information of other utility companies and other advertizing material, when the necessary technical conditions are created.  Until that time, we are asking the few dissatisfied users for their understanding-they say in “Infostan”.

Sabic has said that the Law on Advertizing prescribes a ban on ‘’direct marketing’’ if the person has clearly expressed a wish not to be sent messages and advertising material.

- Therefore, pursuant to the Law, form the moment someone expresses such wish, “Infostan” would have to discontinue such activities- Sabic states.

“Infostan”, Sabic has stated, is violating the Law on Personal Data Protection,  with such ‘’direct marketing’’.

-Pursuant to the Law, data processing entails not only processing in the conventional, usual meaning of the word, but also any other use of the data.  “Infostan” has grounds to possess and process personal data of its clients, but it can use them only for the purpose of calculating and collection of their debts, i.e. for predefined purposes. Advertizing, i.e. direct marketing obviously does not fall within that-the Commissioner has stated.

He has said that he presumes that “Infostan” is not making available the citizens’ data to the companies and organizations whose advertizing material it is sending.

- I would like to believe that this presumption is correct, for if it is not, this would be  a severe case of  violation of the right to privacy and personal data protection- Sabic has pointed out.

Brief article: Let’s protect the data basis

In “Infostan” they deem that ‘’ their supporting humanitarian actions and sending advertisement material does not represent a violation of the Law on Personal Data Protection or any other law and they claim that none of the legal persons or humanitarian organizations, whose material is being sent along with ‘’Infostan’’ payment slips, has access to the data basis, nor can they obtain user information.’’

Source: "Politika"

Interview: Rodoljub Šabić, the Commissioner for Information of Public Importance

According to the new Law on Confidential Information, the possibility exists for the Commissioner for Information of Public Importance to have insight into security and intelligence data, investigation activities, and current actions by the authorities.

The new Law on Confidential Information grants the Commissioner for Information of Public Importance access to information related to the methods of security and intelligence data gathering, investigation activities or actions by the authorities which are underway, as well as data related to protected witnesses and undercover officials. After years of obstructions and debate, this very important clause for the functioning of the institution of the Commissioner for Information of Public Importance led by Rodoljub Šabić was finally accepted. He speaks to ‘Politika’ on what this decision means for the citizens of Serbia.