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

The obligation to prepare and publish the information bulletin within the meaning of Article 39 of the Law on Free Access to Information of Public Importance ("Official gazette of the RS" no.120/04) is prescribed for public authorities within the meaning of this Law. Under Article 3, paragraph 1, sub-paragraph 1) of the Law they include: government authorities, territorial autonomy authorities, self-government authorities and organisations vested with public authority.

Under Article 25 of the Law on Local Self-Government ("Official Gazette of the RS" no. 9/02, 33/04 and 135/04), the bodies of the municipality, as the self-government unit are: municipal assembly, mayor and municipal council. Under Article 21 of the same Law, the provisions referring to the municipality, shall apply to the city, unless otherwise provided by the law.

On the basis of the above provisions, the obligation to prepare an activity information bulletin prescribed by the Law on Free Access to Information of Public Importance for local self-government bodies, i.e. municipalities or the corresponding city bodies (which, within the meaning of this law are considered to be government authorities), refers to the bodies of local self-government: city municipality, mayor and city council.

Within this meaning, there is no special obligation of these authorities to prepare their own information bulletins. However, since this obligation refers to the mayor, who, by the virtue of his office, directs and harmonises the operations of the municipal administration and ensures that the delegated activities and decisions of the municipal assembly are implemented, the information on the activities of the city administration must be contained either in a joint or separate or separate information bulletin, which is an organisational or technical issue.

If, under the Charter of the City of Niš, the Directorate for Child and Social Welfare and Primary Health Care is a separate city administration body, within the meaning of the Law on Free Access to Information of Public Importance, it is a separate public authority which is obligated to act upon the requests for access to information.

(The answer is contained in the letter sent to an aplicant, no. 011-00-5/2006-03 of 09.03.2006.)