REPUBLIC OF SERBIA COMMISSIONER FOR INFORMATION OF PUBLIC IMPORTANCE AND PERSONAL DATA PROTECTION PROTECTOR OF CITIZENS 21-84 / 10 Ref. No. 16579 011-00-00635/2010-01 B e l g r a d e, 30 September 2010 On the basis of Article 168, Paragraph 1 of the Constitution of the Republic of Serbia (Official Gazette of RS, No. 83/06), Article 29, Paragraph 1, Item 1 and Article 50, Paragraph 1 of the Law on the Constitutional Court (Official Gazette of RS, No. 109/07) and Article 19 of the Law on the Protector of Citizens (Official Gazette of RS, Nos. 79/05 and 54/07), the Protector of Citizens and the Commissioner for Information of Public Importance and Personal Data Protection hereby submit to the Constitutional Court PROPOSAL FOR ASSESSING THE CONSTITUTIONALITY 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 Military Security Agency and Military Intelligence Agency (Official Gazette of RS, No. 88/2009) and 3. Article 16, Paragraph 2 of the Law on Military Security Agency and Military Intelligence Agency (MSA and MIA). The disputed provisions of Article 128, Paragraphs 1 and 5 of the Law on Electronic Communications are inconsistent with the provisions of Article 41, Paragraph 2 of the Constitution of the Republic of Serbia (Official Gazette of RS, No. 83/06), because they allow the implementation of special measures, which derogate from the provisions on secrecy of correspondence and other means of communication, not only on the basis of court orders, but also without court orders - where such a possibility is prescribed by law, or at the request of