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

cnn-i-report

 

Is data on citizens of Serbia really safe?

No, security is not on a satisfactory level, i continuously warn on that. Serbia is seriously delayed in all three, in this connection - relevant plans. We need good laws and relevant regulations based on standards of democratic world, we are slowly improving the resources of institutions that would implement those standards and who should ensure that in practice, and finally, not nearly enough is sone on education on this topic.

Do security agencies BIA and VBA have access to listings of calls of mobile operators?

Yes, in accordance with current practices and solutions from some of the laws whose unconstitutionality the Ombudsman and I have long pointed out, there was such a practice. The retained data security agencies which are approached on the basis of the decision or order of its directors or their authorized persons. Following the recent decision of the Constitutional Court which, acting on a proposal that we submitted a joint Ombudsman and I - they unconstitutional provisions of the VOA and VBA, and after a conversation we had with the Prime Minister and Minister of Interior Ivica Dacic and the Director of the BIA Agency, I think that this practice will come to end.

Is wiretapping of phone calls and e-mail communications in Serbia allowed by law?

Pursuant to Article 41 of Constitution of Serbia, telephone tapping and access to the contents of electronic communications are permitted only by court decision. The court can make that decision for two reasons, if it is necessary to conduct criminal proceedings or protect national security.

What can we learn from the United States regarding the protection of citizens?

It is not easy to answer this question. On the one hand, the U.S. is certainly one of the cradles of human rights concepts. These people - Payne, Garrison, Franklin, Davis, Jefferson, are those whose ideas were incorporated into the foundation of human rights. On the other hand, unfortunately, especially after the tragic 11th September, the U.S. has created and implemented a normative and practical solutions for many advocates of human rights and freedoms in the U.S. and the world was, to put it mildly, very controversial. I personally find very informative sentence from legendary Benjamin Franklin - "Those who are willing to give up liberty for security, deserve neither liberty nor safety."

How much is your function now independent, how much freedom you have in your work?

Independent effects of a single institution always depends on several factors, and are subjective and objective. On a subjective level I try to believe that I am able to effect the institution I manage to be based solely on the law and emancipated from any political influence and the like.
On an objective level, however, some actions that would like to conduct are caused by the absence of a negative way of resources, above all, room to work, which again it is not possible to recruit the required number of employees. It is difficult to be explained, although in the meantime four governments changed, the problem of work space is still pending.