Access to information (FOIA)

By submitting a request for access to official information on the exact number of inhabitants on the territory of the municipality, in accordance with Article 193, paragraph 1 of the Law on Administrative Procedure "Official Gazette of BiH" No. 29/02, 12/04, 88/07, 93 / 09, 41/13 and 53/16), and Article 14, paragraph (2) of the Law on freedom of access to information in Bosnia and Herzegovina, “Official Gazette of BiH” No. 28/00, 45/06, 102/09 and 62/11), by the decision is accepted access to information for a legal entity

Also, data on the number of inhabitants can be obtained without reference to the Law on freedom of access to information in BiH. Data on the Census of population, households and dwellings 2013 in BiH can be found on the official website popis.gov.ba namely:

• Visual representation of data
• Easy access
• Documents (legislation, census forms, IMO reports)

The Agency for Statistics of Bosnia and Herzegovina is not able to give any kind of documentation on the declaration of national affiliation the Census 2013, and such requests are rejected by decision.

Namely, by specifically applying the legal doctrines lex specialis derogati legi generali and lex posterior derogat legi priori, in order to resolve such cases, the Agency must consider the connection and harmonization between Law on freedom of access to information in BiH as lex generali and the Law on Census and the Law on Protection as lex specialis.

By adopting the Law on Census, in Article 16, the legislator clearly and unambiguously stated that ”data collected by the Census shall be used for statistical purposes only”.

Taking into account (considering) the additional written instructions contained in each census form as a note that „all data collected by this form are secret and shall be used for statistical purposes only“, and knowing that all enumerated persons have signed and confirmed that they are familiar with the content and manner of using the data from the census, there is no doubt that they are in a transparent manner familiar with the intent and purpose of the data provided and the census as the most comprehensive statistical survey.

Furthermore, the Law on Protection only confirmed the previously established view and legal procedures, as it clearly prescribed by Article 4, paragraph 1 point a) and b) that „the controller of personal data is required to process data in a fair and lawful manner and personal data collected for special needs, explicit and lawful purposes do not process in any way that is not in accordance with that purpose“, Article 24, paragraph 2, point a) „the controller shall not be obliged to provide information on the processing of personal data if he is processing personal data exclusively for statistical, scientific-research or archival purposes“, as well as in Article 28, paragraph 1, point d) which determines an exception to access personal data for the sake of “……violations of ethical regulations of the profession”.

We stand out that the European Statistics Code of Practice, as a set of principles that represent a type of ethical rules of the profession, adopted by the European Statistical System Committee (ESSC), prescribed in detail statistical confidentiality, protection and availability of statistical data, as one of the basic statistical principles.

In addition, the determination and implementation of international statistical practice, standards and techniques are prescribed in detail in Article 8, paragraph 2, point c) of the Law on Statistics of BiH (“Official Gazette of BiH” No. 26/04 and 42/04), so it is a clear link between the Law on Statistics of BiH and the Law on Protection.

Also, Articles 19, paragraphs 3 and 6, Article 23 and 27 of the Law on Statistics of BiH, precisely prescribe the competencies of the Agency in the form of use and protection of personal (confidential) data, ie the principle of statistical confidentiality, and Article 29 decisively stipulates that the Agency „in exercising its responsibilities as outlined in this Law shall act in accordance with the Law on Protection of Personal Data of BiH“

In regard to this, Article 15, paragraph 2 of the Law on Census stipulates that: „the protection of personal data shall be performed in accordance with the Law on Protection of Personal Data and the Law on Statistics of Bosnia and Herzegovina“, and the correlation of these two positive legal acts is quite clear.

Regulation (EC) No 223/2009 of the European Parliament and of the Council from 11 March 2009 on European Statistics in point 27 prescribes that: „the use of confidential data for purposes that are not exclusively statistical, such as administrative, legal or tax purposes, or for the verification against the statistical units should be strictly prohibited“

Likewise, the above-mentioned Regulation in Article 2 establishes statistical confidentiality as one of the basic statistical principles, and defines the same principle as: “the protection of confidential data related to single statistical units which are obtained directly for statistical purposes or indirectly from administrative or other sources and implying the prohibition of use for non-statistical purposes of the data obtained and of their unlawful disclosure”.

Valuing the Law on freedom of access to information in BiH as a positive legal act, it is necessary to observe, apply and interpret it as a legal norm that generally regulates the area of access to information, and in resolving and deciding it is necessary to take into account and evaluate other positive acts that define in detail the specific area, competencies, and manner of actions, and the significance, importance, and specificity of a particular case.

Among other things, requesting and strictly adhering to Law on freedom of access to information in BiH has no real and justified basis because the meaning of the term information in statistical terminology, the meaning and the mandate of statistical institutions, is not comparable or identical with the term information under the control of other public bodies.

The Agency for Statistics of Bosnia and Herzegovina is not able to provide information for households according to the Census 2013, and such requests are rejected by decision.

Namely, by specifically applying the legal doctrines lex specialis derogati legi generali and lex posterior derogat legi priori, in order to resolve such cases, the Agency must consider the connection and harmonization between Law on freedom of access to information in BiH as lex generali and the Law on Census and the Law on Protection as lex specialis.

By adopting the Law on Census, in Article 16, the legislator clearly and unambiguously stated that ”data collected by the Census shall be used for statistical purposes only”.

Taking into account (considering) the additional written instructions contained in each census form as a note that „all data collected by this form are secret and shall be used for statistical purposes only“, and knowing that all enumerated persons have signed and confirmed that they are familiar with the content and manner of using the data from the census, there is no doubt that they are in a transparent manner familiar with the intent and purpose of the data provided and the census as the most comprehensive statistical survey.

Furthermore, the Law on Protection only confirmed the previously established view and legal procedures, as it clearly prescribed by Article 4, paragraph 1 point a) and b) that „the controller of personal data is required to process data in a fair and lawful manner and personal data collected for special needs, explicit and lawful purposes do not process in any way that is not in accordance with that purpose“, Article 24, paragraph 2, point a) „the controller shall not be obliged to provide information on the processing of personal data if he is processing personal data exclusively for statistical, scientific-research or archival purposes“, as well as in Article 28, paragraph 1, point d) which determines an exception to access personal data for the sake of “……violations of ethical regulations of the profession”.

We stand out that the European Statistics Code of Practice, as a set of principles that represent a type of ethical rules of the profession, adopted by the European Statistical System Committee (ESSC), prescribed in detail statistical confidentiality, protection and availability of statistical data, as one of the basic statistical principles.

In addition, the determination and implementation of international statistical practice, standards and techniques are prescribed in detail in Article 8, paragraph 2, point c) of the Law on Statistics of BiH (“Official Gazette of BiH” No. 26/04 and 42/04), so it is a clear link between the Law on Statistics of BiH and the Law on Protection.

Also, Articles 19, paragraphs 3 and 6, Article 23 and 27 of the Law on Statistics of BiH, precisely prescribe the competencies of the Agency in the form of use and protection of personal (confidential) data, ie the principle of statistical confidentiality, and Article 29 decisively stipulates that the Agency „in exercising its responsibilities as outlined in this Law shall act in accordance with the Law on Protection of Personal Data of BiH“

In regard to this, Article 15, paragraph 2 of the Law on Census stipulates that: „the protection of personal data shall be performed in accordance with the Law on Protection of Personal Data and the Law on Statistics of Bosnia and Herzegovina“, and the correlation of these two positive legal acts is quite clear.

Regulation (EC) No 223/2009 of the European Parliament and of the Council from 11 March 2009 on European Statistics in point 27 prescribes that: „the use of confidential data for purposes that are not exclusively statistical, such as administrative, legal or tax purposes, or for the verification against the statistical units should be strictly prohibited“

Likewise, the above-mentioned Regulation in Article 2 establishes statistical confidentiality as one of the basic statistical principles, and defines the same principle as: “the protection of confidential data related to single statistical units which are obtained directly for statistical purposes or indirectly from administrative or other sources and implying the prohibition of use for non-statistical purposes of the data obtained and of their unlawful disclosure”.

Valuing the Law on freedom of access to information in BiH as a positive legal act, it is necessary to observe, apply and interpret it as a legal norm that generally regulates the area of access to information, and in resolving and deciding it is necessary to take into account and evaluate other positive acts that define in detail the specific area, competencies, and manner of actions, and the significance, importance, and specificity of a particular case.

Among other things, requesting and strictly adhering to Law on freedom of access to information in BiH has no real and justified basis because the meaning of the term information in statistical terminology, the meaning and the mandate of statistical institutions, is not comparable or identical with the term information under the control of other public bodies.