The applicant was represented by Ms T. Drobnjak, a lawyer practising in Belgrade.
The applicant is an NGO based in Belgrade which monitors the implementation of transitional laws and their compliance with human rights. In 2005, it made a request under the Freedom of Information Act 2004 for the Serbian Intelligence Agency (IA) to disclose the number of people subjected to electronic surveillance by that agency throughout the year. Relying on a caveat in the 2004 Act, the IA refused the request on the basis that the information “could seriously undermine a legitimate interest which has priority over freedom of information.” However, the Information Commissioner (the body set up under the 2004 Act to resolve disputes) decided that the IA’s refusal was in breach of the law and ordered disclosure of the information within 3 days. Almost 3 years later, the IA notified the applicant that it did not hold the information requested.
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