Limits of the right to free access to information  in the security sector – case of Montenegro Cover Image

Granice prava na slobodan pristup informacijama u sektoru bezbednosti – primer Crne Gore
Limits of the right to free access to information in the security sector – case of Montenegro

Author(s): Aleksandra Rabrenović, Rajko Radević
Subject(s): Law, Constitution, Jurisprudence, Constitutional Law, Human Rights and Humanitarian Law
Published by: Institut za uporedno pravo
Keywords: free access to information; protection of national security; Tshwane principles; data secrecy; Montenegro

Summary/Abstract: This paper explores the limits of the right to free access to information in the security sector. The first part of the paper analyses international standards in this area, focusing on the rules on how to conduct the harm and the public interest tests in the course of deciding upon requests on free access to information. The paper devotes particular attention to analysis of the Global Principles on National Security and Free Access to Information, which were developed by international experts on the basis of the best national legal frameworks and practice and which were agreed in Tshwane in 2013. In the second part of the paper the authors analyse current legal framework of the free access to information in the security sector in Montenegro and problems in their implementation. In the concluding part of the paper recommendations for improvement of the current legal framework of the free access to information in the security sector in Montenegro are provided taking into account the best international standards.

  • Issue Year: 2016
  • Issue No: 3
  • Page Range: 23-37
  • Page Count: 15
  • Language: Serbian