LIMITS OF THE RIGHT TO FREE ACCESS TO INFORMATION IN THE SECURITY SECTOR – CASE OF MONTENEGRO

Aleksandra Rabrenović; Rajko Radević

doi:10.56461/spz16302R

Authors

Aleksandra Rabrenović, PhD Research Fellow, Institute of Comparative Law, Belgrade
Rajko Radević, M.Sc. Ph.D student at the international security program at the University of Ljubljana

DOI:

https://doi.org/10.56461/spz16302R

Keywords:

free access to information, protection of national security, Tshwane principles, data secrecy, Montenegro

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.