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