4 ______________________________________________________________________________ DECISION It is hereby established that the provisions of 1. Article 128 of the Law on Electronic Communications (Official Gazette of RS, No. 44/2010) as follows: • The parts of Paragraph 1 that read: "in accordance with the law governing criminal procedure" and "in accordance with the laws regulating the work of security services and internal affairs authorities“ and • The part of Paragraph 5 that reads: "at the request of competent state bodies in accordance with Paragraph 1 of this Article"; 2. Article 13, Paragraph 1 in connection with Article 12, Paragraph 1, Item 6) of the Law on MSA and MIA (Official Gazette of RS, No. 88/2009) and 3. Article 16, Paragraph 2 of the Law on MSA and MIA. are not in conformity with the Constitution of the Republic of Serbia. Respectfully to the Constitutional Court of Serbia, COMMISSIONER FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION PROTECTOR OF CITIZENS Rodoljub Šabić Saša Janković Enclosures: 4 1. Malone v UK, Judgment of 2 August 1984, European Court of Human Rights 2. Copland v United Kingdom, Judgment of 3 April 2007, European Court of Human Rights 3. Judgment of the Constitutional Court of the Republic of Germany of 2 March 2009 4. Public statement of the Constitutional Court of the Republic of Germany concerning the Judgment of 2 March 2009 Send also to: - Initiative submitters, for reference purposes - MIA, MSA, Ministry of Internal Affairs - management, for reference purposes - The media, through the official website