Podgorica, (MINA) – The data protection provisions in the amended laws on internal affairs and the National Security Agency (ANB) are still not aligned with the EU legal acquis, CdM learns from the EU Delegation in Montenegro. 

Those provisions are not specifically aligned with the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED).

The EC, as told to the CdM by the EU Delegation in Montenegro, emphasized that Montenegro consulted the Commission on the two drafts, and that its assessment is that full compliance has yet to be achieved.

Earlier on Wednesday, the leaders of the opposition parliamentary in the Parliament of Montenegro wrote to the EC and the EU Delegation in Montenegro, drawing their attention to the procedure and content of the law and amendments on internal affairs and the National Security Agency.

The EU Delegation told CdM that they take note that Montenegro has proceeded with the adoption of the relevant amendments to the Law on Internal Affairs and the Law on ANB.

“The Commission has been consulted on the two draft laws and its assessment is that the data protection provisions of both laws are not yet in line with the EU acquis, in particular the General Data Protection Regulation (GDPR) and the Law Enforcement Directive (LED)”. said the EU Delegation.

They stated that, in order to get to alignment, they indicated to Montenegro two options: either aligning these provisions with the EU acquis before the adoption of the law, or adopting the law and aligning the provisions before the closure of accession negotiations.

They emphasized that they are aware of the concerns of civil society and trade unions regarding this law, expressing expectation that the competent authorities will conduct merit-based recruitment within the police and set up appropriate procedural safeguards.

The Delegation added that they expect Montenegro to ensure that any dismissal is made on justified grounds and that those concerned have full access to legal remedies.

“The closing benchmarks for Chapter 24 require Montenegro to have a proven ability to properly control its borders, sufficient border and reception capacities as well as to establish a solid and sustained track record of investigations, in all fields of serious and organized crime and money laundering”, said the EU Delegation, adding that the closing benchmarks do not require Montenegro to amend the Law on Internal Affairs or the Law on National Security Agency.