At the meeting held today, the Committee on Human Rights and Freedoms considered the 2012 Performance report on Ombudsman and 2012 Status Report on Protection of Personal Data, by which eighth and ninth activity established by the Plan of activities of the Committee for 2012 were implemented, and which, in accordance to the Article 162 of the Rules of Procedure of the Parliament, contributes to the strengthening the control role of the Parliament.
Ombudsman of Montenegro, Mr Šućko Baković announced that the Report is submitted to demonstrate the work of the Institution of Ombudsman and honouring the constitutional and legal rights of citizens. Ombudsman emphasized that the 2012 Report is based on citizens` complaints, talks with the citizens, conducted research, reports of state authorities, NGOs and bodies in charge of monitoring certain instruments of international law.
Statistical data on performance of Ombudsman demonstrate that in 2012 Ombudsman dealt with 730 complaints, which is 67 cases less than in 2011, while the procedure on 636 complaints was completed, which is 87% of the total number of complaints they had in work. Complaints were related to the work of state authorities, public administration bodies, administration and other organizations, work of courts, public services, local self/government bodies and other holders of state powers., while a number of complaints were related to the work of companies, other legal persons, entrepreneurs, natural persons and they were submitted from all municipalities in Montenegro.
Members of the Committee were unanimous regarding the quality of the Report, in accordance with the established methodology and that it appropriately shows that the institution of Ombudsman is known in Montenegro by its work in the area of protection of human rights and freedoms. The Report contains indicators on the Ombudsman` s performance for 2012, work and performance of Ombudsman in certain areas, observations, conclusions and recommendations, and a general evaluation of the situation of human rights and freedoms, and the members of the Committee were unanimous in their assessment that the Ombudsman presented in a qualitative way the work of institution and respect for the constitutional and legal rights of citizens in specified reporting period.
MPs posed numerous questions to the Protector relating to: opinion of the Protector on Law on Social and Child Welfare under the parliamentary procedure, non(possession) of the information whether any of the protectors is politically engaged as well as is the Protector satisfied with the manner of functioning of the National Preventative Mechanism, was there unannounced visits to the Department for Execution of Criminal Sanctions, the reason for not providing in the Report the actual recommendation relating to the manner of spending the funds in the Fund for Professional Rehabilitation and Employment of Persons with Disabilities, restitution area and degree of fulfilling the Recommendation given to the Protector in this area, degree of adoption of recommendations given in the Special Report of the Protector on the state of human rights of mentally disables persons accommodated in institutions, financial capacities of the Protector Institution and relation with the Ministry of Finance in that respect.
The Committee thinks that it is necessary for the Protector to state more clearly and more precise which recommendations and to which state authorities are given in the previous Report, and to what degree each of them has been implemented, so to indicate to competent state bodies to necessity of fulfilling recommendations, thus not to happen those to be repeated every year.
Following the discussion, the Committee unanimously supported the Performance Report of the Protector for 2012 and proposed it for adoption to the Parliament, concluding that the progress had been achieved in the reporting year regarding the respect of human rights and freedoms.
The Committee considered the Report on the state of the personal data protection in Montenegro in 2012. On the occasion of consideration of this item of the Agenda, the Meeting was attended by Mr Šefko Crnovršanin, President of the Council of the Agency for Personal Data Protection and Free Access to Information and Mr Ranko Lacmanović and Mr Aleksa Ivanović, members of the Council of Agency.
Following the introductory statements of the proponent’s representatives, discussion of the Committee on Human Rights and Freedoms members, posed questions and answers of the President and members of the Council of Agency for Personal Data Protection ad free Access to Information, the Committee assessed that in 2012 positive achievements were made the field of personal data protection those being visible and measurable. With its activities, the Agency contributes to creation of its image as strong and reliable mechanisms for the personal date protection through numerous oversight mechanisms and education. With its encouragement of the other subjects’ action, the Agency succeeded to raise the level of consciousness on the personal data protection need.
The number of payers and persons addressing to the Agency asking for opinions, consents, explanations but also submitting requests for protection of rights keep rising. A greater degree of personal data protection is visible through the submission of records on personal data in the prescribed form, but also through the requirements for approval for the introduction of video surveillance.
It was assessed at the Committee meeting that the fact that protection of personal data is given more and more significance every day so that the progress is evident and measurable is encouraging. Joint efforts of all subjects represent a prerequisite to raise awareness on significance of personal data protection, which is not yet satisfactory in Montenegro, to a higher level.
The adoption of the following laws in July 2012 was deemed important: Law on Free Access to Information, Law on Amendments to the Law on Data Confidentiality and Law on Amendments to the Personal Data Protection Law, which enabled balance between the rights and interests of citizens and public to access information and need to protect privacy of individual and prevent harmful effects on public interests.
At the meeting they spoke on creation of conditions to have the Agency work to its full capacity, especially having in mind new competencies set out in the Law on Free Access to Information, whose implementation started on 18th February 2013.
Members of the Committee posed questions referring to a deadline from submitting the request for opinion to the date the Agency provides its opinion, whether the Agency has the necessary professional staff for performing jobs within its competency, responses of line ministries with regard to the analysis of 16 laws which the Agency drafted under the Twinning Project, whether the publishing of a mobile phone number of a certain person in the media constitutes a breach of right to personal data protection, whether a personal identification number (PIN) of a citizen may be requested, in what manner and according to which provisions. Members of the Agency Council provided answers to all the questions posed.    
The Committee unanimously supported the 2012 Status Report on Personal Data Protection in Montenegro, and proposed to the Parliament the adoption thereof.
Within the current issues, the Committee familiarised itself with the letter of the Agency for Personal Data Protection and Free Access to Information in which the Committee is asked for support in efforts to primarily enable financial conditions for adequate implementation of the Law on Free Access to Information, citing that staff capacity of the Agency is insufficient. The Committee asked the Agency to timely amend the letter with specifying the data in which they would list actual jobs for which they need staff, or funds, after which the Committee would forward the request to the line Ministry of Finance.  
The Committee also familiarised itself with the letter by the NGO “Centre for Civil Liberties”, whose president expressed the interest to follow the meetings of the Committee on Human Rights and Freedoms and decided to enable the representative of this NGO to follow the Committee meetings in the future, as the NGO “Civic Alliance” has been doing for a long time.