Colliding Effects of Freedom of Access to Information and Personal Data Protection

Colliding Effects of Freedom of Access to Information and Personal Data Protection

Dzumhur, Jasminka

Abstract: Significant efforts were taken in BiH in the adoption of legislation guarantying the rule of law and human rights. In the framework of this activity the Law on Freedom of Access to Information and the Law on Personal Data Protection were adopted. Unfortunately, practice in some cases shows present of conflict in implementation of those two laws. The most recent example is the case in which the Personal Data Protection Agency of Bosnia and Herzegovina conducted the administrative proceedings against the Prosecutor’s Office and the Court of Bosnia and Herzegovina for handling of personal data of accused and convicted persons at their official web-sites. As a result of these proceedings, The Personal Data Protection Agency adopted a decision warning the Prosecutor’s Office and the Court of BiH to refrain from such illegal complainant’s data handling and asking them to block personal data of all the persons comprised in the indictments and court decisions posted on its official web-site. This paper analyzes the consequences of the action of the Agency for Protection of Personal Data from perspective of international human rights standards and international jurisprudence and its impact on the justice, rule of law and human rights in the judicial sector.

Article
PeerReviewed

ISSN 2303-5706

International Burch University

2015

2854