Administrative Court has on 17.01.2007. delivered a verdict to AYJ, by which decision of  Agency for telecommunication  was revoked, because of the claim made by AYJ. AYJ has requested from Agency for Telecommunication  copies of decisions of carrying out residential needs for its employees, during 2005. and 2006. year. Agency for telecommunication has rejected annunciation of those information, because they will “signally jeopardized rights to privacy… so they contain social component, Agency for Telecommunication finds that access to those information is limited…”

Administrative Court in explanation of its judgment said the following: “conclusive fact whether requested information might be sort out within group of information which will jeopardized rights to privacy and other individual rights of persons is that, wheter disclosure of the same would made much more damage to those interests from public interest for disclosure of those information, which needs to be determined within system analysis”.

Working on the project of better implementation of Free Access to Information Law, which was adopted two years ago, AYJ has submitted to Administrative Court 9 complaints against authority organs decisions by which access to requested information  was restricted. Administrative Court  had until now resolved 5 of them, in every one of this cases complaint was adopted, and authority organs decision by which access to requested information was restricted, was abolished.

Although in implementation Free Access to Information Law some positively actions were made and noticed organs which work is transparent, and which follow this law,  practice of this law in Montenegro, generally is bad. Herein best testify data is that 50 % of authority organs do not answer to the claimant, at all. Official person and authority organs which illegally stint access to information are not approved, still.

Because of this AYJ will insist on Free Access to Information Law changes, and maintain in its demand for huddling in an independent institution of  Information Commissioner, all this in order of more effectively enforcement of the law and enhance liability authority organs toward citizens and making their work more transparent. Information Commissioner will ensure more effective protection of right for free access to information for citizens, and largely reduced the number of the court process in this area.