Privacy rights in Serbia

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Privacy rights in Serbia are guaranteed by the constitution from 2006.

Right to Privacy in Serbia

PART 2 2 ARTICLE 40 INVIOLABILITY OF HOME

A person's home shall be inviolable.

No one may enter a person's home or other premises against the will of their tenant nor conduct a search in them. The tenant of the home or other premises shall have the right to be present during the search in person or through his legal representative together with two other witnesses who may not be under age.

Entering a person's home or other premises, and in special cases conducting search without witnesses, shall be allowed without a court order if necessary for the purpose of immediate arrest and detention of a perpetrator of a criminal offense or to eliminate direct and grave danger for people or property in a manner stipulated by the law.

PART 2 2 ARTICLE 41 CONFIDENTIALITY OF LETTERS AND OTHER MEANS OF COMMUNICATION

Confidentiality of letters and other means of communication shall be inviolable.

Derogation shall be allowed only for a specified period of time and based on decision of the court if necessary to conduct criminal proceedings or protect the safety of the Republic of Serbia, in a manner stipulated by the law.

PART 2 2 ARTICLE 42 PROTECTION OF PERSONAL DATA

Protection of personal data shall be guaranteed.

Collecting, keeping, processing and using of personal data shall be regulated by the law.

Use of personal data for any the purpose other the one were collected for shall be prohibited and punishable in accordance with the law, unless this is necessary to conduct criminal proceedings or protect safety of the Republic of Serbia, in a manner stipulated by the law.

Everyone shall have the right to be informed about personal data collected about him, in accordance with the law, and the right to court protection in case of their abuse.