Information Commissioner: Misuse of Access Rights and Silence of Administration are Biggest Problems
Milan Marinović, the Commissioner for Information of Public Importance and Personal Data Protection, whose seven-year term expires on Sunday, stated that the biggest problems he faced during his tenure were the misuse of the right to access information and the silence of the administration. Marinović highlighted these issues as significant obstacles to transparency and accountability. He indicated that while citizens and organizations have the right to request information, some instances involved attempts to circumvent regulations or overwhelm public bodies with excessive requests. Furthermore, the phenomenon of administrative silence, where public authorities fail to respond to information requests within the legally stipulated timeframe, was identified as a critical challenge. This inaction hinders the public's ability to obtain necessary data and undermines the principle of open governance. Marinović's remarks come as his term concludes, reflecting on the persistent difficulties in ensuring effective implementation of information access laws. The Commissioner's office has worked to address these challenges, but their prevalence suggests ongoing systemic issues within public administration regarding responsiveness and adherence to information disclosure mandates. His statement serves as a final assessment of the key impediments to transparency in Serbia during his mandate.
The Commissioner's statement points to a systemic tension between the public's right to information and the administrative capacity or willingness of public bodies to provide it. The misuse of access rights, as described, may indicate a need for clearer guidelines or educational initiatives for requesters, while administrative silence suggests potential issues with resource allocation, bureaucratic inertia, or a lack of robust oversight mechanisms within public institutions. Addressing these dual challenges is crucial for fostering genuine transparency and accountability. Moving forward, leveraging technology for more efficient information management and response systems could mitigate administrative burdens. Simultaneously, strengthening enforcement and potentially revising legal frameworks to address persistent non-compliance are vital considerations for the next decade, ensuring that the right to information serves its intended purpose without being undermined by either excessive use or deliberate inaction.
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