EC: Data protection provisions in the laws on the National Security Agency and the police are not aligned with the EU acquis

The proposed amendments to the Law on Internal Affairs and the National Security Agency (ANB), which relate to data protection, are not aligned with the acquis communautaire of the European Union (EU), the European Commission has assessed.

Antena M announced that the questions they had sent were answered by the Delegation of the European Union to Montenegro.

Also, the European Commission points out that the final benchmarks for Chapter 24 do not require Montenegro to amend the Law on Internal Affairs or the Law on the National Security Agency.

In order to meet the requirements of the final benchmarks for that chapter, they note, Montenegro needs, among other things, to ensure sufficient human resources in its law enforcement agencies.

Antena M reported in full the response they received from the EU Delegation:

"We are aware that Montenegro has continued with the procedure of adopting relevant amendments to the Law on Internal Affairs and the Law on the National Security Agency.

• The European Commission has been consulted on both draft laws and its assessment is that the data protection provisions in both laws are still not aligned with the EU acquis, in particular with the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED).

In order to achieve alignment, we have indicated two options for Montenegro: either to align these provisions with the EU acquis before adopting the law, or to adopt the law and align the provisions before closing accession negotiations. This is an additional reason to move quickly with a comprehensive data protection reform in Montenegro.

• We are aware of the concerns of civil society and trade unions regarding this law.

• The European Commission expects Montenegro to ensure full compliance with any subsequent assessment by the Commission, including that relating to the acquis in the field of data protection.

• The European Commission will closely monitor the implementation of the law. In particular, it expects the competent authorities to implement merit-based recruitment in the police and to establish appropriate procedural guarantees. It also expects Montenegro to ensure that any dismissal is based on justified reasons and that the persons concerned have full access to legal remedies.

• The final benchmarks for Chapter 24 require Montenegro to have a proven ability to adequately control its borders, sufficient border control and reception capacities, and to establish a solid and sustainable track record of investigations in all areas of serious and organised crime and money laundering. To meet these requirements, Montenegro needs, inter alia, to ensure sufficient human resources in its law enforcement authorities.

• The closing benchmarks for Chapter 24 do not require Montenegro to amend the Law on Internal Affairs or the Law on the National Security Agency."

The transitional provisions of both laws state that they will be harmonized with the provisions of the Personal Data Protection Law within six months of their adoption.