COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION

logo novi


COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE
AND PERSONAL DATA PROTECTION



logo novi

COMMISSIONER
FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION

03.12.2008.While the Commissioner for Information of Public Importance and Personal Data Protection welcomes the fact that the general public and the media have taken a keener interest in information concerning debts for public utility bills and liabilities under public law, such as taxes, contributions etc., seeing it as both legitimate and logical, he nevertheless cautions that such information, insofar as it relates to natural persons, may constitute an invasion of citizens' privacy and reminds that, in this context, the public's rights are subject to certain restrictions provided for by the law.

In this regard, Commissioner Rodoljub Sabic said:

"Information on unpaid public utility bills and unpaid taxes and contributions does indeed constitute information of public importance. However, insofar as it affects privacy and other personal rights, its disclosure is subject to the restrictions provided for in Article 14 of the Law on Free Access to Information of Public Importance.

Thus, when disclosing such information or making it available to the public, the public authority or company concerned must omit any personal information on the basis of which a natural person is or may be identifiable. This duty does not apply only where the data subject has explicitly consented to disclosure or where the data subject's behaviour is such that it warrants disclosure of such information (e.g. if a person claims to have paid all public dues on time, to have no outstanding liabilities etc.).

However, the very wording of Article 14 of the Law does not provide for blanket restrictions that would apply indiscriminately in all cases. As a notable exception, the said provision does not apply to persons who are of interest to the public, especially if they are public or political office holders, and such information is relevant in view of the positions they hold.

The public authorities or companies which disclose such information are required to assess on a case-by-case basis whether relevant circumstances warrant the application (or exclusion) of the restrictions provided for in Article 14 of the Law."