2 YOUTH INITIATIVE FOR HUMAN RIGHTS v. SERBIA JUDGMENT 6. On 31 October 2005 the applicant requested the intelligence agency of Serbia (Bezbednosno-informativna agencija) to inform it how many people had been subjected to electronic surveillance by that agency in 2005. 7. On 4 November 2005 the agency refused the request, relying thereby on section 9(5) of the Freedom of Information Act 2004. 8. On 17 November 2005 the applicant complained to the Information Commissioner (Poverenik za informacije od javnog značaja i zaštitu podataka о ličnosti – “the Commissioner”), a domestic body set up under the Freedom of Information Act 2004 to ensure the observance of that Act. 9. On 22 December 2005 the Commissioner found that the intelligence agency had breached the law and ordered that the information requested be made available to the applicant within three days. The agency appealed, but on 19 April 2006 the Supreme Court of Serbia held that it lacked standing and dismissed its appeal. 10. On 23 September 2008 the intelligence agency notified the applicant that it did not hold the information requested. II. RELEVANT DOMESTIC LAW 11. The Freedom of Information Act 2004 (Zakon o slobodnom pristupu informacijama od javnog značaja, published in Official Gazette of the Republic of Serbia no. 120/04, amendments published in Official Gazette nos. 54/07, 104/09 and 36/10) has been in force since 13 November 2004. The relevant provisions of the Act read as follows: Section 5(2) “Everyone shall have the right to access information of public interest by being allowed to examine a document containing that information, by being entitled to make a copy of that document, and by being entitled to receive a copy of that document on request, by post, fax, electronic mail or otherwise.” Section 8 “The rights provided for in this Act may, in exceptional circumstances, be subject to limitations set out in this Act, to the extent necessary in a democratic society to prevent a serious violation of a prevailing interest based on the Constitution or law. Nothing in this Act may be interpreted so as to lead to the destruction of any of the rights set forth herein or to their limitation to a greater extent than is provided for in paragraph 1 above.” Section 9 “Access to information of public interest may be refused, if its disclosure would: ...