News and developments
Serbia – Data Protection Strategy Proposal for 2023-2030
The document sets an ambitious goal: harmonisation of data protection legislation with acquis communautaire resulting in obtaining EU decision on the adequate protection of personal data and resulting in a free flow of personal data with EU. We would be glad to participate in public discussion providing suggestions resulting from our long-term practice for the improvement of the proposal.
On June 11, 2021, the Serbian Government formed a Working Group consisting of all relevant stakeholders processing personal data in the state administration, representatives of the Commissioner, courts and prosecution office competent for data protection matters with the task to draft a Data Protection Strategy Proposal for 2023-2030 and Action Plan for Strategy implementation. The Ministry of Justice, a competent state body for proposing public policies in the field of data protection released Data Protection Strategy Proposal for 2023-2030 (Proposal) on March 15, 2023.
It is the first time during 25 years of application of data protection in Serbia that such an ambitious goal in some public document is proclaimed – to harmonise data protection legislation with acquis communautaire and to receive verification by EU – to be recognised as the country with adequate protection of personal data.
I Reference and Connection with other Documents
The Proposal makes a reference to:
- existing applicable Serbian public policies important for the development of data protection such as public policy for the development of artificial intelligence, development of information security and information society, promotion of digital skills, prevention of violence against women and violence in the family, consumers’ protection, promotion of the position of persons with disabilities, integral governance at borders. The Proposal explains the connection and applicability of data protection in these areas;
- European integration processes and framework by which the European Union assesses the progress of EU membership candidates in the field of data protections such as: the International Covenant on Civil and Political Rights, UN Convention on the Rights of the Child, General Data Protection Regulation, Police Directive, the Council of Europe Convention 108, European Convention for the Protection of Human Rights and Elementary Freedoms;
- the applicable Serbian regulations governing data protection enforcement and sectorial laws subject to the protection of personal data.
- Promoted functional mechanisms for the protection of personal data;
- Promotion of conscience on the importance of protection of personal data and manners for the accomplishment of the rights;
- Improved system of protection of personal data in regard to the development and implementation of information communication technologies in digitalisation processes.
- Amendment of the Law on Personal Data;
- Amendment of Law on Misdemeanours applying solution, which is applied in case of Commission for Protection of Competition, i.e., authorising the Commissioner to impose fines in the range as defined in GDPR;
- Improved Criminal Code;
- Harmonisation of sectorial laws with the Law on Personal Data
- Opening of the new offices of the Commissioner in Nis, Novi Sad and Kragujevac (3);
- Increased number of qualified DPOs in state bodies (300);
- Increased number of natural persons who completed specialised education programme at university engaged by controllers and processors (3000);
- Increased number of controllers and processors which communicated DPO contact details to the supervisory authority DPO (12000);
- Number of controllers and processors which adopted internal documents (3000);
- Number of controllers and processors which established register of processing activities (15000);
- Increased number of foreign controllers and processed which have appointed representative in Serbia (100);
- Increased number of resolved files (complaints, misdemeanour, criminal) – 100%.
- Increased number of subjects in education plans and programmes containing data protection topics and digital privacy (5);
- Increased number of teachers trained for teaching data protection matters (2,000);
- Increased number of subjects at universities containing data protection topics and digital privacy (20);
- Increased number of students acquiring education in the field of data protection (50, 000)
- Number of accredited educational programmes covering thematic topic of data protection (5);
- Number of trained personnel in state administration in the data protection (1, 000);
- Number of training programmes covering thematic topic of data protection (2);
- Number of trained judges and public prosecutors trained for data protection matters (1, 000).
- Number of seminars and campaigns in the field of data protection (100);
- Number of attendants at seminars and campaigns in the field of data protection (5, 000);
- Number of specialised publications in the field of data protection (50).
- Adoption of laws governing automated processing of genetic, biometric and personal data processed by usage of video and audio surveillance (2023-24)
- Number of state bodies and legal entities engaged in processing of genetic/biometric data (10);
- Number of natural persons specialised for processing of genetic/biometric data (50);
- Number of state bodies and legal entities engaged in processing of personal data processed by usage of video and audio surveillance (30);
- Number of state bodies and legal entities engaged in processing of personal data processed by usage of video and audio surveillance (30).