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