ISSUES IN THE FIELD OF PERSONAL DATA PROTECTION REQUIRE A SIGNIFICANTLY MORE ACTIVE GO
Thursday, 13 December 2012 11:25
The Commissioner for Information of Public Importance and Personal Data Protection estimates
that issues in the field of personal data protection require a significantly more active approach of
public authorities, especially the Government. Stressing that further basically ignorant attitude
towards the issues in the field is surely to have serious adverse effects on the process of EU
integrations, and notwithstanding, and which is more important, on the human rights guaranteed
under the Constitution and the law, the Commissioner, Rodoljub Sabic has stated the following:
''It is scarcely conceivable that despite several Commissioner's warnings the competent
authorities, and especially the Government, have failed to take fundamental steps in this regard,
including those which deadlines for undertaking expired months ago, even years ago.
Even four years after the adoption of the Law on Personal Data Protection, neither this Law nor
any other law, has established at least elementary rules for several important segments such as
for example protection of sensitive data, video surveillance, biometry, security checks and
private security sector.
The deadline for adoption of secondary legislation necessary for implementation of the Personal
Data Protection Law expired back in May 2009. Only the legislation falling within
Commissioner's competences was adopted within the set deadline, and even after four years
the Decree on Sensitive Data Protection is still not adopted by the Government, wherefore the
legally proclaimed protection of these data remains just an empty proclamation.
The Government of the Republic of Serbia adopted the Personal Data Protection Strategy after
several repetitive Commissioner's initiatives only in August 2010. The Strategy envisaged the
Action Plan for its implementation to be adopted by the Government in November 2010 at the
latest. However, it has not been adopted until December 2012 so, notwithstanding the
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ISSUES IN THE FIELD OF PERSONAL DATA PROTECTION REQUIRE A SIGNIFICANTLY MORE ACTIVE GO
Thursday, 13 December 2012 11:25
Commissioner's activities, in practice a series of measures envisaged under the Strategy have
not been carried out.
Even after several warnings about the need to harmonize legislative solutions in relation to the
monitoring of electronic communications, which are contained in several laws, there has not
been adequate response, resulting in alarming, almost chaotic situation in this field.
It is a fact that the majority of the gaps and lags may be attributed to the mandate of the
previous Government, however that should not mean that the current Government can and
should continue with the same practice. On the contrary, this should be a stimulant to take a
completely different, much more active and responsible attitude. In this context, I believe that it
is very alarming that, judging by the recently adopted Action Plan for implementation of the
European Commission recommendations in the process of EU integrations, the Government
does not plan any serious activities related to the protection of personal data before the third
quarter of next year."
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