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

Bearing in mind the definition of the term "information of public importance" under Article 2 of the Law on Free Access to Information of Public importance ("Official Gazette of RS", Nos. 120/04, 54/07, 104/09 and 36/10), civil servants' business cell phone numbers are information of public importance, as such information was created in the work or related to the work of a public authority, that it is certainly contained in a document connected to records or payment of costs, and it is in possession of the given authority , and the public interest to know it, within the meaning of Article 4 of this Law, is always deemed to exist, unless proven otherwise by that public authority.
Starting from the fact that this is about business phones of civil servants which, in performing their duties act on behalf of the authority, or exercise authority, that costs of business phones are certainly pay from the budget, and that the nature of business of tourist inspection often requires emergency acting and action outside regular working hours, and that these servants are in managerial positions, it is hardly possible to challenge, within the meaning of this Law, that the public has no right to access this information, simply because they are personal data.
The Commissioner's principled position that contact information of civil servants, their names and the duties they perform, should be available to the public, is based on the provision of Article 14 (1) 2) of the above mentioned Law, stipulating exemptions from the right to privacy, where such information relates a person, phenomenon or event of public interest, especially in case of holder of public office or political function, insofar as the information bears relevance on the duties performed by that person.
(Abstract, Commissioner's Opinion, No.: 011-00-00570/2011-03 dated 09.12.2011)