Legal acrobatics of the Council of the Agency for Personal Data Protection and Free Access to Information cannot cover illegal election of director

With its testerday’s response to the statement of the Centre for Civic Education (CCE), which we read in the media, as it is not yet available on the official website of the Agency for Personal Data Protection and Free Access to Information (AZLP), the Council of the AZLP implicitly confirmed that the appointment of Ivan Medojevic as director of the Agency is disputable.

Namely, the Council’s reaction clearly implies that instead of the Council assessing the validity of Medojevic’s candidacy, the Council left Medojevic to assess it himself. In an attempt to defend itself, the Council of the AZLP states that Medojevic submitted a statement that there were no impediments to his appointment, and that In addition to this documentation, Medojevic submitted the opinion of the Ministry of Public Administration, as the only competent state authority for the interpretation of the Law on Civil Servants and State Employees’. »

The election of director of the Agency for Personal Data Protection and Free Access to Information should be annulled

Centre for Civic Education (CCE) indicates that the election of Ivan Medojevic, director of the Agency for Personal Data Protection and Free Access to Information (AZLP), was not conducted in accordance with the Personal Data Protection Law, which clearly prescribes the requirements for appointment to this position and urges the Council of the Agency for Personal Data Protection and Free Access to Information to annul this election and to launch a new competition.

Personal Data Protection Law, in article 53 and 54, prescribes requirements and restrictions for the appointment of members of the Council of the Agency. Amongst the restrictions, Article 54 clearly prescribes that ‘person appointed by the Government of Montenegro’ may not be appointed as president and member of the Council of the Agency. »