XV Edition GIZ Law Journal

FEATURE

FEATURE

have been made of which most resulted in fines for the controlled institutions. This is a significant progress for the rule of law in Kosovo as well as a testimony for the important work of the Agency. However, with an increasing number of complaints comes the challenge of processing and evaluating them – in the near future, this will probably require additional human resources. Regarding the right to access to public documents, the number of requests is overwhelming. In 2021, approximately – according to the Annual Report of 2021 of the Agency, the numbers are not exhaustive – 7,561 requests toaccesspublicdocumentshavebeenmadeand in 7,408 of these, the access was fully granted, 46 gained partial access and in 95 cases the access was denied. The majority of the applications has been submitted by journalists, activists and civil society organisations. In general, the knowledge about the right to access to public documents is not widespread in Kosovo. That is why the requests have an upward trend. A very impressive example of the right to access to public documents took place concerning the Prime Minister: A journalist made a request for publishing the entire amount of the expenses of the Prime Minister during a visit to the United States, including the amounts spent for airfare, meals as well as the additional pay he received for the visit. The Prime Minister’s Office originally refused the request. However, after the Agency made the Prime Minister’s office aware of its legal obligation, it made the information available to the journalist who had requested them. This example illustrates that the right to access to public documents not only contributes to more transparency and thus a form of public control of the state by – possibly every – individual. The overriding function also comes to light, because a democratic state not only needs, but also benefits from public discourse as well as the fact that holders of sovereign power – if not always, then as often as possible – find themselves under an obligation to legitimise themselves. Conclusion and Outlook One core element of rule of law is that one can enforce their rights, especially against the state itself. Against

The collaboration between the Agency and the GIZ project “Support to EU-Integration ReformProcesses in Kosovo” was initiated in 2021. Since then, workshops for Municipal Officers for Data Protection and Access to PublicDocumentsand informationsessions fordecision makers, such as Directors of institutions and General Secretaries have been organised. This fruitful exchange has so far led to greater awareness of the scope of the Agency’s activities and thus also contributed to the enforcement of fundamental rights.

public documents in order to protect and guarantee the rights and fundamental freedoms of natural persons in relation to both topics. In order to fulfil its mission, the Agency aims to particularly raise awareness of the right of access to public documents and protection of personal data through different campaigns, not only for citizens, but also for public institutions and private businesses. Moreover, themainmonitoring and enforcement function of the Agency is fulfilled through conducting inspections and controls – either with a prior notice or without when a complaint has been made. If the Agency concludes that the institution in question is not complying with the relevant rules, it has to competence to issue a fine. The only remedy against the fine is to file a lawsuit before the competent administrative court. On the other side of the coin, the Agency also advises the Assembly, the Government, institutions, and other internal bodies on legislative and administrative measures regarding the protection of the rights and freedoms of natural persons as far as data processing is concerned. All in all, the Agency has wide-ranging possibilities and competences to take sufficient account of its tasks. Ways of Protection or: What are the Expenses of the Prime Minister? What is more effective than putting legal protection in the hands of the rights’ holder? One vital means for the enforcement of data protection is that every data subject – meaning every individual – has the right to submit a complaint to the Agency according to Article 13 of the Law on Protection of Personal Data. This encompasses all public and private bodies that possess personal data in accordance with Article 3 of the Law on Personal Data. If there is a reasonable doubt that a violation of personal data is at stake, the Agency conducts a control at the respective institution or businesses. In case of a breach of the legal acts governing data protection, the Agency can address the fine either to the judicial entity, its board of directors or to the natural persons as well. As the awareness to be able to make these complaints is rising, there is an increasing number of new complaints: Only in the first half of 2022, more than 60 complaints

this background, The Agency’s Commissioner, Mrs. Krenare Sogojeva-Dermaku, and her team are not only performing their duties exceptionally well, they are also giving a special contribution to the rule of law in Kosovo and its role on the international stage. Meanwhile, the Agency will have to expand its capacity to cope with its tasks in the future. In addition to that, it would be desirable if more institutions were aware of the legal situation regarding the protection of personal data The Agency sees a need for further action in this area.

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