3 ______________________________________________________________________________ United Kingdom, Judgment of 3 April 2007, § 44, enclosed herewith). According to the presented case law of the European Court of Human Rights, the term "communication", whose confidentiality is protected by Article 41 paragraph 1 of the Constitution, includes not only the content of communication but also the following information: with whom we communicate, when and where communications takes place. It means that the protection of communication covers not only its content but also the secrecy of communication circumstances, including in particular whether, when and how many times a person has contacted or have tried to contact other person. The same can be concluded from the judgment of the Constitutional Court of the Republic of Germany of 2 March 2009, by which the provisions of Articles 113a, 113b of the Law on Telecommunications (Telekommunikationsgesetz – TKG) and the provisions of Article 100g of the Criminal Procedure Code (Strafprozessordnung – StPO), were proclaimed unconstitutional at the initiative of some 34.000 citizens and organisations (enclosed herewith). The Protector of Citizens and the Commissioner for Information of Public Importance and Personal Data Protection, as authorised proposers, hereby submit the Proposal at the initiative (in alphabetical order) of: • • • • • • • • • • • • • • • • • Bar Association of Serbia Belgrade Centre for Security Policy Belgrade Centre for Human Rights Civic Initiatives NGO Women in Black Coalitions for free access to information of public importance (Coalition members: Civic Initiatives, Lawyers’ Committee for Human Rights – YUCOM, Transparency Serbia, Toplice Centre for Democracy and Human Rights, Resource Centre Nеgоtin, Civil Council of Krаlјеvо Municipality, People’s Parliament Lеskоvаc, Forum iuris Nоvi Sаd, Fund for an Open Society – Serbia, Association of Citizens Srеtеnjе Pоzеgа, Centre for Advanced Legal Studies, Centre for Civil Education Vrsаc, Centre for Peace and Democracy, Belgrade Centre for Human Rights, Youth Initiative for Human Rights, Civil Association of Hungarians in Serbia ”Аrgus”) Lawyers’ Committee for Human Right Independent Journalist Association of Serbia Regional Centre for Minorities Association of Journalists of Serbia Judges Association of Serbia Fund for an Open Society Helsinki Committee for Human Rights Centre for the Development of Non-Profit Sector Centre for Regionalism Queeria Centre A number of citizens. Based on the aforementioned, the Protector of Citizens and the Commissioner for Information of Public Importance and Personal Data Protection propose to the Constitutional Court to adopt, upon completed procedure, the following

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