Open Records Laws › Serbia

Serbia

Law on Free Access to Information of Public Importance

Law on Free Access to Information of Public Importance (Official Gazette RS No. 120/04, 54/07, 104/09, 36/10, 105/21)

RTI Rating: 135 (source)

Response Timeline

Initial Response
15 days
Extension
25 days
Residency Required
None

15 calendar days from receipt. Extension up to 40 days total for justified reasons. Urgent: 48 hours for information affecting life/freedom, public health, or environment.

How to Submit a Request

Accepted Methods

  • {'notes': 'Postal mail to the public authority', 'method': 'mail'}
  • {'notes': 'Direct delivery to authority office', 'method': 'in_person'}
  • {'notes': 'Oral requests allowed; must be recorded by the authority', 'method': 'oral'}

Requests must be submitted to the specific public authority holding the information. No fee for submission. No need to specify reason for request. Public authority must assist with locating requested information. Authority may provide sample form but must accept requests not using that form.

Required Elements

  • Name of the public authority
  • Requester name and address
  • Contact information (telephone or other)
  • Description of information requested (as precise as possible)
  • Preferred method of receiving information

Optional Elements

  • Reason for request (explicitly not required)
  • Additional details to help locate information
  • Reference to specific documents or time periods

Fees

Applicants reimburse necessary costs of duplication and sending. The government publishes a list of expenditures for calculating costs.

Fee Waivers

  • Journalists requesting copies for professional reasons are exempt
  • Human rights NGOs requesting copies for registered activities are exempt
  • Any requester seeking information to protect public health or environment is exempt

Three statutory exemptions from copying fees: journalists (professional use), human rights NGOs (registered activities), and public health/environment requesters.

Exemptions

  • Classified Information
    Information classified as state/official/business secret. Mere classification is insufficient -- authority must explain disclosure would cause severe consequences.
  • Life, Health, and Safety
    Information that exposes to risk the life, health, safety, or vital interest of a person
  • Judiciary Operations
    Information that would obstruct the work of the judiciary
  • National Security and Defense
    Information that threatens national defense, national and public safety
  • International Relations
    Information that threatens international relations
  • Economic Management
    Information that threatens government ability to manage national economic processes
  • Privacy and Personal Data
    Information that would violate the right to privacy or reputation. Exceptions: consent, public interest, person of public interest.

All exemptions under Articles 9 and 14 are discretionary and subject to harm test. Authority must prove a predominant legitimate interest would be violated. Public interest override applies: authorities must balance public right to know against other legitimate interests. Commissioner can order declassification if secrecy reasons have ceased. Scores 22/30 on RTI Rating Exceptions category.

Appeal Process

1

1

2

2

Commissioner decisions are binding, final, and enforceable by the Government. Appeals not admissible against National Assembly, President, Government, Supreme Court, Constitutional Court, National Bank, or Republic Public Prosecutor.

Sources & References