The court, by submitting the brief No. VIII 347/11 dated 16.05.2011, asked the Commissioner for Information of Public Importance and Personal Data Protection to "peruse the nature of the document" of the Military District Command from 1995 submitted enclosed bearing a confidentiality label, so as the court could act upon the request for free access to information of public importance, having in mind the provisions of Article 9 (1) 5) of the Law on Free Access to Information of Public importance.
The Commissioner's Response No. 011-00-213 /2009-03 dated 20.05.2011, states, inter alia, the following:
„ The confidentiality label of a document or information is only one of the conditions which are important in terms of limitations of the right to free access to information of public importance. In order to limit access to such document – information, in addition to this, formal condition, according to Article 9 (1) 5) of the Law on Free Access to Information of Public Importance, it is essential that other, material condition, is fulfilled, and that is that its disclosure could seriously legally or otherwise prejudice the interests that are protected by the law and prevail the access to information interest. This does not refer to the hypothetical possibility of occurrence of damage, but to the actual, real damage. In addition, it should be bear in mind the provision of Article 8 of the Law, whish states that the rights provided for in this Law may, in exceptional circumstances, be subject to limitations set out in this Law if that is necessary in a democratic society and in the extent really necessary.
Thus, possible refusal of the applicant's request based on Article 9 (1) 5) of the Law implies the obligation of first instance authority, burden of proof is on it by the Law, to prove that the access to requested information could seriously damage legally or otherwise prejudice the interests that are protected by the law, which is not recognized in the submitted request, and to prove that these interests prevail the access to information interest, by applying interest test referred to in Article 8 of the Law."
You are surely familiar with the fact that maters regarding data confidentiality in Serbia, including the procedure for determination of data confidentiality, label and degree of confidentiality, declassification and procedure for declassification and similar are regulated by the Data Secrecy Law ("Official Gazette of RS" No.104/09).
One of the manners to declassify under the Article 25 of the Data Secrecy Law is declassification under a decision of relevant authority, that is the Commissioner for Information of Public Importance and Personal Data Protection. However, this declassification is based on a decision made by the Commissioner acting upon appeal or complaint, in accordance with the Law on Free Access to Information of Public Importance and Personal Data Protection Law, where only an authorized public authority, acting upon the decision of the Commissioner made in that procedure, declassifies data or document containing secret data and enable the applicant to exercise his right. Therefore, the Commissioner is not authorized for declassification in the situation described in your request, i.e. to peruse the nature of the document as stated in the request.

(Abstract, Commissioner's Response No. 011-00-213 /2009-03 dated 20.05.2011)