Milan Marinovic, the incumbent Commissioner, appointed in July 2019.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.[1]
In Serbia, access to public information is guaranteed in the Constitution and protected by the Law on free Access to Information of Public Importance adopted in 2003 and amended in 2007, 2009, 2010, and 2021. The scope of the right entails that everyone in Serbia has the right to access to information of public importance and to be informed whether public authorities hold specific information, whether such information is already accessible, and to obtain a copy of the requested information.[2] The Commissioner for Information of Public Importance and Personal Data Protection is the authority entitled by law to monitor the respect of obligations entailed by this Law.
Legal framework
Serbia is considered among the countries with the best regulatory framework regarding access to information of public relevance: the Global Right to Information Rating, compiled by NGOs AccessInfo and Centre for Law and Democracy, ranks the country in the second position in its global ranking assessing the quality of legislative frameworks regulating FOI across the world.[3]
The right of access to public information is defined in Article 51 of the Constitution of Serbia, which establishes the right of everybody to be informed about issues of public importance and the deriving obligation of state bodies and public organizations to guarantee the access to such information.[4]
The right to access to information of public relevance is translated into national law by the Law on Free Access to Information of Public Importance adopted in 2003 and amended in 2007 and 2009.[5] The latest amendments to the Law, applying as of 17 February 2022, broadened the definition of public bodies bound by its provisions, strengthened the position of the Commissioner in terms of enforcement of his decisions, and enabled him to lodge misdemeanor complaints and issue misdemeanor orders.
Rodoljub Šabić, first Commissioner for Information and protection of personal data (2004-2018)
The scope of the law is valued positively especially inasmuch as it extends the right to access to information to all natural person, notwithstanding their citizenship, temporary or permanent residence in the country.[5] Moreover, the right to access information applies to the executive, legislative and judicial bodies, State-owned enterprises, as well as other public authorities and private bodies that perform a public function or that receive significant public funding are also obliged to disclose information of public relevance (Art. 3).[5]
Requests should be lodged in written form, with no need for the applicant to specify the reason for the request.[5] The public authority shall reply without delay and within 15 days at the latest. If the requested information entails consequences for the protection of a person's life or freedom, public health and the environment, the time span at the disposal of authorities is reduced to 48 hours.[5] In cases in which the document contains information that the public has no legitimate interest to know, the applicant has the right to access to other parts of the documents.
Limitations to the right to access to information are defined in Article 9 of the Law, establishing that legitimate limitation may derive if the requested information exposes to risk the life, health, safety or another vital interest of a person; if it obstacles the work of the judiciary; if it threatens national defense, national and public safety, international relations or the government's ability to manage the national economic processes. Finally, classified information are excluded from the right.[5]
The authority in charge of monitoring the respect of the Law is the Commissioner for Information of Public Importance. The Commissioner is an independent, second-level appeal instance: if a public authority does not respond to the request within the deadline, the applicant may lodge a complaint with the Commissioner, except in cases prescribed by this Law (Art.16).[5]
The Commissioner is entitled by Law to issue decisions on disputed cases, and his/her decisions should be enforced by the Government of the Republic of Serbia if necessary (Art 28).[5] The Commissioner is appointed by the National Assembly of the Republic of Serbia on proposal of the Committee of the National Assembly responsible for information. The position of the Commissioner for Information was held by Rodoljub Šabić, who was appointed for an initial 7-years term and then re-elected in 2011. The incumbent Commissioner Milan Marinović was appointed in July 2019.
Aside from examining individual complaints related to violations of the right to free access to information, the Commissioner also addresses citizens’ requests asking how to exercise their right to information, provides to state authorities opinions about the implementation of the law, trainings for law implementation and takes part in activities related to the EU accession process.
It has been noted that a significant limitation of the right set forth in the Constitution is due to the restrictions applied to the admissibility of complaints against first instance decisions: a complaint is not admissible if “lodged against decisions of the National Assembly, the President of the Republic, the Government of the Republic of Serbia, the Supreme Court of Serbia, the Constitutional Court, the National Bank of Serbia, and the Republic Public Prosecutor” (Art. 22).[5][6]
Access to public information in practice
Since the adoption of the Law on Access to Information in 2004, a significant increase in the number of requests has been registered by the entitled Commissioner, pointing to the positive fact that the right is increasing being used by citizens and media professionals in Serbia. At the same time, the increasing number of complaints filed to the Commissioner demonstrates the reluctancy by authorities to timely and fully comply with the obligation established by the Law on access to information.[7]
In its annual report for 2015, the Commissioner for Information notes some limitation to the effective implementation of the law. These have to do, according to the Commissioner, particularly with insufficient accountability for violations of the Law and inefficient mechanisms of enforcement of the Commissioner’s decisions.[8]
Considering the implementation of the Law on Access to Information in Serbia and its impact on the exercise of journalism, Freedom House has noted in 2016 that “Despite the existence of the 2004 Law on Free Access to Information of Public Importance, authorities frequently obstruct journalists’ efforts to obtain public information”.[9]
Concern over implementation, alignment with European standards, endowment of resources to the Commissioner for Information and enforcement of his decisions is highlighted also by the European Union in its annual report.[10]
Youth Initiative for Human Rights v. Serbia
A landmark case by the European Court of Human Rights related to the right to access to information in Serbia. In 2006, the Belgrade-based NGO Youth Initiative for Human Rights (YIHR) filed a request to the Serbian Security Intelligence Agency demanding information concerning the use of electronic surveillance measures by that agency in 2005. The Agency denied access to the requested information twice, first on grounds of secrecy and then, after a binding decision by the Commissioner for Information stating that the information should be made public, by declaring that it did not hold the requested information.[11]
YIHR appealed to the European Court of Human Rights under Article 6 and Article 10 of the Convention. In June 2013, the verdict of the ECtHR defined “unpersuasive” the argument used by the Agency according to which it did not hold the information requested and found that the restrictions imposed by the Serbian intelligence agency were not justified by domestic law and hence constituted a violation of article 10 of the European Convention on Human Rights.[11]
Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.
The Right to Information (RTI) is an act of the Parliament of India which sets out the rules and procedures regarding citizens' right to information. It replaced the former Freedom of Information Act, 2002. Under the provisions of RTI Act, any citizen of India may request information from a "public authority" which is required to reply expeditiously or within thirty days. In case of matter involving a petitioner's life and liberty, the information has to be provided within 48 hours. The Act also requires every public authority to computerize their records for wide dissemination and to proactively publish certain categories of information so that the citizens need minimum recourse to request for information formally.
The International Safe Harbor Privacy Principles or Safe Harbour Privacy Principles were principles developed between 1998 and 2000 in order to prevent private organizations within the European Union or United States which store customer data from accidentally disclosing or losing personal information. They were overturned on October 6, 2015 by the European Court of Justice (ECJ), which enabled some US companies to comply with privacy laws protecting European Union and Swiss citizens. US companies storing customer data could self-certify that they adhered to 7 principles, to comply with the EU Data Protection Directive and with Swiss requirements. The US Department of Commerce developed privacy frameworks in conjunction with both the European Union and the Federal Data Protection and Information Commissioner of Switzerland.
The Official Information Act 1982 (OIA) is an Act of the New Zealand Parliament which creates a public right to access information held by government bodies. It is New Zealand's primary freedom of information law and has become an important part of New Zealand's constitutional framework.
Ombudsmen in Australia are independent agencies who assist when a dispute arises between individuals and industry bodies or government agencies. Government ombudsman services are free to the public, like many other ombudsman and dispute resolution services, and are a means of resolving disputes outside of the court systems. Australia has an ombudsman assigned for each state; as well as an ombudsman for the Commonwealth of Australia. As laws differ between states just one process, or policy, cannot be used across the Commonwealth. All government bodies are within the jurisdiction of the ombudsman.
Google Spain SL, Google Inc. v Agencia Española de Protección de Datos, Mario Costeja González (2014) is a decision by the Court of Justice of the European Union (CJEU). It held that an Internet search engine operator is responsible for the processing that it carries out of personal information which appears on web pages published by third parties.
Media freedom in the European Union is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights. Within the EU enlargement process, guaranteeing media freedom is named a "key indicator of a country's readiness to become part of the EU".
The EU–US Privacy Shield was a legal framework for regulating transatlantic exchanges of personal data for commercial purposes between the European Union and the United States. One of its purposes was to enable US companies to more easily receive personal data from EU entities under EU privacy laws meant to protect European Union citizens. The EU–US Privacy Shield went into effect on 12 July 2016 following its approval by the European Commission. It was put in place to replace the International Safe Harbor Privacy Principles, which were declared invalid by the European Court of Justice in October 2015. The ECJ declared the EU–US Privacy Shield invalid on 16 July 2020, in the case known as Schrems II. In 2022, leaders of the US and EU announced that a new data transfer framework called the Trans-Atlantic Data Privacy Framework had been agreed to in principle, replacing Privacy Shield. However, it is uncertain what changes will be necessary or adequate for this to succeed without facing additional legal challenges.
Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.
Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.
↑ Maja, Poznatov (13 February 2017). "Serbia: the hard fight for information". balcanicaucaso.org. Beta / Osservatorio Balcani Caucaso Transeuropa. Retrieved 24 February 2017.
↑ Freedom House (2016). "Freedom of the press in Serbia". Retrieved 19 February 2017. "Despite the existence of the 2004 Law on Free Access to Information of Public Importance, authorities frequently obstruct journalists' efforts to obtain public information"
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