22. 08. 2008

RATEL WITHDRAWS DISPUTED RULEBOOK FOR MONITORING OF INTERNET COMMUNICATION

Belgrade, August 22, 2008 (Sources: Beta, B92) – RATEL has withdrawn the controversial rulebook with technical conditions for monitoring of Internet communication.

"The president of the Managing Board of the Republic Telecommunication Agency (RATEL) informed me that the Board has accepted the recommendation of the Ombudsman and withdrawn the technical conditions", said the Ombudsman, Sasa Jankovic, to the Beta agency.

He is of the opinion that it was a responsible decision which proves that mechanisms characteristic of the most developed democratic societies can function in Serbia.

Jankovic announced that he would cooperate with other experts in the area of human rights, telecommunications and security, in order to assist in creation of a new rulebook.

The rulebook is supposed to define technical conditions for efficient identification and prosecution of perpetrators of Internet crimes, and at the same time, as he pointed out, to allow overseeing of the bodies which are authorised to monitor Internet communications.

The original rulebook specified that Internet service providers are obliged, at their own cost, to establish the part of the system necessary for legally required monitoring of telecommunications, and to give to the authorities all information on their users and allow them to monitor conversations and email.

Internet service providers were obliged to allow the authorised services – the police or the Security and Information Agency – fully autonomous monitoring of Internet activities of their users and redirection of incoming and outgoing traffic.

The rulebook has caused strong reactions in the public and representatives of RATEL were contacted on the subject by the Ombudsman and the Commissioner for Information of Public Importance, Rodoljub Sabic.

Sabic pointed out that enforcement of the rulebook may lead to abuses, because Serbia still lacks a Law on Protection of Personal Data, as well as functional mechanisms to protect the right to confidentiality of information.

The Law on Protection of Data currently awaits the consideration of the Parliament, but Sabic notes that certain provisions were changed in comparison with the version which was approved by the Council of Europe.

In his view, the Commissioner's access to information is limited, which was one of the most controversial provisions.

The Ombudsman confirmed to Beta today that he has prepared several amendments to the draft Law on Protection of Personal Data, which is especially important from the viewpoint of the rulebook to be issued by RATEL.

The Managing Board of RATEL has temporarily withdrawn the rulebook until the adoption of the Law on Protection of Personal Data, which is currently in parliamentary procedure, said Jankovic.

He hopes that members of the National Parliament of Serbia will adopt his amendments, because "they will provide higher level of quality of assurance of the constitutionally guaranteed right to protection of personal data".

Related News:

* ANEM to Condemn RATEL's Technical Conditions Document and Way of Its Adoption (ANEM Statement, July 29th, 2008)