Commissioner for Information of Public Importance and Personal Data Protection, Serbia
- The legal grounds for personal data protection in the Republic of Serbia
- The legal position of the Personal Data Protection Agency
- The legal rights of the Personal Data Protection Agency
- Contact information
1. The legal grounds for personal data protection in the Republic of Serbia
According to Article 42 of the Constitution of the Republic of Serbia of 8th November 2006 : Protection of personal data shall be guaranteed. Collecting, keeping, processing and using of personal data shall be regulated by the law. Use of personal data for any the purpose other the one were collected for shall be prohibited and punishable in accordance with the law, unless this is necessary to conduct criminal proceedings or protect safety of the Republic of Serbia, in a manner stipulated by the law. Everyone shall have the right to be informed about personal data collected about him, in accordance with the law, and the right to court protection in case of their abuse. Additionally Art 52 states as follows: Everyone shall have the right to be informed accurately, fully and timely about issues of public importance. The media shall have the obligation to respect this right. Everyone shall have the right to access information kept by state bodies and organizations with delegated public powers, in accordance with the law.
Two laws are implementing the Constitution. These are:
- Law on free Access to Information of Public Importance (The Official Gazzette of the Republic of Serbia, number 120/04 and 54/07)
- Law on personal data protection (The Official Gazzette of the Republic of Serbia, number 97/08 available in English at http://www.poverenik.org.rs/images/stories/dokumentacija-nova/zakon-o-zastiti-podataka-o-licnosti_en.pdf)
2. The legal position of the Personal Data Protection Agency
The Commissioner for Information of Public Importance and Personal Data Protection is an autonomous public authority, who exercises its powers independently. It is appointed by a majority of votes of all members of parliament, acting on proposal of the Committee of the National Assembly responsible for information. The Commissioner is appointed to a seven-year term of office. The same person may be appointed Commissioner for maximum two consecutive terms
3. The legal rights of the Personal Data Protection Agency
- Monitor the respect of obligations by the public authorities regulated by this Law and report to the public and National Assembly thereof;
- Initiate the preparation or change of regulations for the implementation and promotion of the right to access information of public importance;
- Propose to public authorities measures to be taken to improve their work regulated by this Law;
- Undertake necessary measures to train employees of state bodies and to inform the employees of their obligations regarding the rights to access information of public importance with the aim of their effective implementation of this Law;
- Consider complaints against the decisions of public authorities that violate the rights regulated by this Law;
- Inform the public of the content of this Law and the rights regulated by this Law;
- The Commissioner may initiate the procedure for the evaluation of the constitutionality and legality of the law and other general documents;
- The Commissioner shall publish and update instruction booklet with practical instructions for an efficient exercising of the rights regulated by this Law in Serbian language, and also in other languages, determined in accordance with the Law as official languages;
- Through the press, electronic media, Internet, public workshops and in other ways, the Commissioner shall inform the public about the contents of the booklet on application of the Law;
- The Commissioner shall publish instruction according to which is published the Information Booklet on work of the government body.
- Perform other duties stipulated by this Law.
- Supervise the enforcement of data protection;
- Decide on appeals in cases set out in this Law;
- Maintain the Central Register;
- Supervise and allow transborder transfer of data from the Republic of Serbia;
- Point out the identified cases of abuse in data collection;
- Produce a list of countries and international organizations with adequate provisions on data protection;
- Give his/her opinion on the formation of new data files or introduction of new information technologies in data processing;
- Give his/her opinion in case of doubt whether a data set constitutes a data file within the meaning of this Law;
- Give his/her opinion to the Government in the procedure of enactment of instruments governing the methods of data filing and safeguards for particularly sensitive data;
- Monitor the implementation of data safeguards and suggests improvements;
- Give proposals and recommendations for improving data protection;
- Give prior opinion on whether a certain processing method constitutes specific risk for a citizen's rights and freedoms;
- Keep up to date with the data protection arrangements in other countries;
- Cooperate with authorities responsible for data protection supervision in other countries;
- Determine the way in which data are to be handled if a data controller ceased to exist, unless provided otherwise;
- Perform other duties within his/her sphere of competence.
- The Commissioner may have a deputy responsible for personal data protection.
- The Commissioner shall forward the report he/she submits to the National Assembly to the President of the Republic, the Government and the Ombudsperson and shall make it available to the general public through appropriate means.
4. Contact information
Tel: +381 11 3408 900
Fax: +381 11 2685 023
Address: Svetozara Markovia 42, 11000 Beograd