The Alternative Institute (IA) and the Network for the Affirmation of the Non-Governmental Sector (MANS) appealed to the Government not to exempt all intelligence and security data from the application of the Law on Free Access to Information (FOI).
Those two non-governmental organizations appealed to the Government to restore the provisions according to which former public officials are not subject to the exceptions of privacy protection and tax secret protection.
In the joint statement of IA and MANS, it is assessed that the Proposal for the Law on SPI, established by the Government on March 7, contains significant negative differences compared to the earlier one, which was withdrawn from the parliamentary procedure after the formation of the 43rd government.
"The proposal exempts from the application of the law information that represents intelligence and security data that is collected, processed, used, exchanged, stored and protected in accordance with the laws that regulate the work of the bodies that make up the intelligence and security sector," the announcement says.
It is added that all persons who had the status of a public official are not exempted from the restriction of access to information due to the protection of personal data and the protection of tax secrets from the introduction of the legally prescribed obligation to submit reports on income and assets, as well as income, assets and conflicts of interest of those persons or with persons related to them, regardless of whether they are members of a joint household.
"In the earlier version of the Law, there was that provision, which has now been replaced in such a way that restrictions on access to information do not apply only to current public officials and to persons for whom the public official is obliged to submit a report on income and assets," the IA statement states. and MANS.
Those provisions, as they said, can significantly frustrate some positive novelties in the Bill, which relate to a greater volume of proactive information publication.
"Especially those that concern the implementation of the budget, the obligation to create a catalog of authorities - those obliged to apply the Law, and a number of other solutions that are the product of the efforts of civil society organizations, which are the submitters of the largest number of requests for free access to information", said IA and MANS.
According to them, the absolute exclusion of data of the intelligence and security sector from the application of the Law has no justified basis, especially bearing in mind that in the second article the possibility is left for the authority to limit access to information.
"Or part of the information, "after carrying out the test of harmfulness and public interest, if it is in the interest of the security, defense, foreign, monetary and economic policy of Montenegro, which is marked with the appropriate level of secrecy in accordance with the regulations governing the secrecy of data"". the announcement added.
IA and MANS reminded the Government that the public hearing on the draft amendments to the Law on SPI, which was established by the Government of Zdravko Krivokapić, was held in June 2021, almost two years ago.
They stated that, in the meantime, the Government did not submit the revised draft for public consultation, nor did it offer an explanation why those important changes, which the European Commission insists on, were "on hold" for so long.
IA and MANS recalled that according to the earlier version of the proposal, they should have started implementation in January of this year.
It is added that according to the new Bill, implementation will begin six months after its entry into force, thereby further extending the deadlines.
"Therefore, we appeal to the Government to cancel the important negative differences compared to the earlier proposal, which was withdrawn from the parliamentary procedure, and which to a greater extent respected the arguments of non-governmental organizations that took part in the previously held public discussion", the announcement concludes.
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