The Law Amending the Law on Free Access to Public Information and the Law on the Confidentiality of Data. The Coalition for Free Access to Information acknowledges the readiness of the government to, after several years of pressure from independent institutions and civil society, adopt a concrete law on the confidentiality of data and which meets the majority of our legislative demands. On the same day, however the National Assembly was not prepared to bring in full changes in the area of free access to information. The Law on the Confidentiality of Data finally brings in the first defined system of levels of secrecy in harmony with EU standards and enables undisturbed security cooperation. More than three hundred anachronistic laws and regulations that served as amendments in this field have been replaced by the new Law will have to be aligned with its procedures.
The Coalition for Free Access to Information is justified in expecting a high number of documents which the secret services and other organs kept hidden without reason to become publicly available as a consequence of the implementation of this Law.
The application of this law in the steps that follow will determine its fate and its use-value. The Coalition for Free Access to Information will test the law from the first day it takes effect, 1 January, in order to see whether the attitude towards secrecy has changed in Serbia and whether citizens be ensured undisturbed insight into public information.
The second law adopted on 11 December is the Amending Law to the Law on Free Access to Public Information. It represents a clear advancement in comparison to 2004’s Amending Law, but is still incomplete as it does not provide adequate protection to insiders (whistle-blowers), as did the amendment of the Ombudsman, which was not adopted by the National Assembly. This did not respect the binding recommendations of GRECO, a group of states against corruption, that Serbia change the legal position of ‘insiders’ (whistle-blowers) by December 2007. The protection of insiders is necessary for furthering the struggle against corruption and is also crucial for the openness of a state system towards its citizens.
The Coalition will continue to insist on the introduction of protection to insiders and the elimination of other mistakes in the system of free access to information. These changes were not adopted by government or by members of parliament but they are critical for the full enjoyment of the right to free access to public information by citizens.
CIVIL INITIATIVES
LAWYERS’ COMMITTEE FOR HUMAN RIGHTS – YUCOM
TRANSPARENCY SERBIA
TOPLICA CENTRE FOR DEMOCRACY AND HUMAN RIGHTS
RESOURCE CENTRE NEGOTIN
KRALJEVO DISTRICT CIVIL COUNCIL
NATIONAL PARLIAMENT, LESKOVAC
IURIS FORUM, NOVI SAD
FUND FOR AN OPEN SOCIETY – SERBIA
CITIZENS ASSOCIATION ‘SRETENJE’, POŽEGA
CENTRE FOR ADVANCED LEGAL STUDIES
CENTRE FOR CIVIL EDUCATION, VRŠAC
CENTRE FOR PEACE AND DEMOCRACY
BELGRADE CENTRE FOR HUMAN RIGHTS
YOUTH INITIATIVE FOR HUMAN RIGHTS
‘ARGUS’ – HUNGARIAN CIVIL ASSOCIATION IN SERBIA
