Изазoви примене Закона о заштити података о личности од стране органа управе у Републици Србији
Implementation Challenges of the Law on Personal Data Protection by Administrative Authorities in the Republic of Serbia

Author(s): Stefan N. Andonović
Subject(s): Social Sciences, Law, Constitution, Jurisprudence
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Administrative law;Personal data;Personal data protection;Law on General Administrative Procedure;Law on Personal Data Protection
Summary/Abstract: The development of the Internet and information and communication technologies is connected with the growing importance of data. Data is a significant resource in the modern world, since the one who owns the data holds the power. The reason for this is the fact that modern society is based on data that allows us to understand the needs, desires and activities of others. In the modern information society, personal data have a particularly important place because they carry confidential and personal information that can endanger the privacy of individuals. Therefore, there is a need to adopt rules that will enable adequate protection of personal data. Thus, the new regulations in the field of data protection appear everywhere in the world, as they do in Serbia. The new Law on Personal Data Protection of the Republic of Serbia from 2018 brought significant innovations into domestic legal system. The novelties refer to numerous institutes, previously nonexistent in the domestic legal system. Also, various entities became obliged to harmonize its operations with the new regulations. One such important entity is administrative authorities. Bearing in mind that administrative authorities process a large amount of data related to citizens, they also fall under the application of new legal provisions. As administrative authorities have different nature and perform specific tasks in relation to other natural persons and business entities to which the mentioned law applies, numerous questions arise regarding the application of personal data protection rules within the scope of public administration. The issues that arise concern the relationship and priorities of the application of the Law on Personal Data Protection and the Law on General Administrative Procedure. This also opens up challenges related to the application of some human rights, such as the right to access data held by administrative authorities and the right to be forgotten by administrative bodies. Also, there are problems of different deadlines and competition of legal remedies of the mentioned laws. Therefore, this paper examines the basic challenges posed by the mentioned issues and tries to give possible ways of overcoming them.

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