Source: Blic
Guest Commentator
Rodoljub Šabić, Commissioner for Information
Managing Board of one of the most powerful state owned companies, NIS, shall recommend to NIS Assembly to take off from the information about salaries and compensations of this company's management „business secret“ label.
That news has arrived on the wave of hyper-current requests for transparency in the work of the state owned companies. It is logical, one can even say, praise-worthy. But some of the not so famous facts speak differently. Two and a half years ago one NGO requested information about the salaries of NIS management. They were denied that fact, with referral to “business secret”, so they complained to the Commissioner for Information. According to the Law, the thing that an information has been labeled as secret is not sufficient by itself to deny its impermeability to the public, but an additional, essential reason is necessary - that due to revealing that information to the public very heavy detrimental consequences might appear regarding some legitimate interest. The Commissioner has therefore adopted the complaint and ordered NIS to deliver requested information. NIS didn't observe the obliging Commissioner's order. They have lodged an appeal against the Commissioner with the Supreme Court, and when the Supreme Court has rejected the appeal, it still failed to comply with the order. A year later everything reappeared in relation to one TV house, including the complaint to the Commissioner, and actions in court, again with the same outcome. And also based on the famous request of the National Assembly Administrative Board, NIS has for the third time denied the „business secret” even after the Commissioner has requested it to deliver information following the Board's complaint.
Just after the story about compensations and salaries has escalated into scandal, the news arrives - „the Managing Board of NIS shall propose to the NIS' Assembly to relieve the information of its secret status.” Doesn't it sound tragic-comical and doesn't it open up a series of „interesting” issues? What would happen if for instance the Managing Board didn't propose that or if the NIS' Assembly fails to accept the proposal? Can NIS really play with the public, Commissioner, Supreme Court, Assembly, laws of this state? And why is the Government of Serbia, with the obligation to secure execution of the Commissioner's decisions allowing it to do that for years? Why is it still permitting that?
