HRA: Two and a half years without information on qualifications and diplomas in the Ministry of Interior and Police Directorate

For two and a half years, the Ministry of Interior has been denying Human Rights Action (HRA) access to data on the educational qualifications and diplomas of employees in the Ministry and the Police Directorate - HRA stated, emphasizing that „fraudsters must not hold public office“.

They recall that as early as October 2, 2023, during the mandate of Minister Filip Adžić, they submitted a request for free access to information, seeking copies of parts of personnel files relating to the level of education and qualifications (diplomas) of all civil servants and employees in the Ministry, as well as all police inspectors and senior management staff in the Police Directorate.

- The Ministry under Adžić’s authority failed to issue a decision within the legally prescribed 15-day deadline. HRA therefore filed a reminder, and on November 22, 2023, also lodged an appeal with the Agency for Personal Data Protection and Free Access to Information due to administrative silence. Although this is an urgent procedure, the Agency did not decide within the prescribed timeframe, which led HRA to file a lawsuit with the Administrative Court of Montenegro on February 12, 2024 - the statement says.

The Administrative Court, they add, upheld the lawsuit on November 6, 2025, and ordered the Agency to decide on the appeal.

- In the meantime, the Agency did act: it upheld the appeal and instructed the Ministry to decide on the request. On November 6, 2025, the Ministry rejected the request, now under Minister Danilo Šaranović, arguing that „providing copies of diplomas would entail processing personal data“, that this would require „explicit consent of each employee in accordance with personal data protection regulations“, and that due to the number of employees (4,360), it could not comply with the request in the requested scope. The Ministry did not cite any specific legal provision to support such an interpretation – HRA states.

Both reasons for refusal are, in their assessment, unfounded.

- According to Article 13 of the Law on Personal Data Protection, explicit consent of employees is required only for processing special categories of personal data related to racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, health status, or sexual life (Article 9). Such data are not contained in diplomas of completed education, so this provision does not apply to the requested category of data – HRA emphasizes.

Additionally, they explain, Article 14 of the Law on Free Access to Information provides for restrictions only for specific categories (personal, classified, security, investigative data, internal consultations, business and tax secrets), which do not include data on educational qualifications.

- Denying access to information on qualifications for performing public functions directly violates the principles of transparency and the public’s right to know (Articles 4 and 5 of the law). Invoking the „volume of work“ due to the number of employees also does not constitute a legal basis for restricting the right to access information. The Law on Free Access to Information does not provide for denial of access due to organizational or technical capacities of the authority – HRA stresses.

They note that HRA has no objection to the Ministry providing the information gradually rather than all at once.

As they say, the delivery of information could begin with the highest-ranking officials and proceed downward, which would address objections regarding workload.

- HRA filed another appeal, which the Agency upheld on March 5, 2026, annulled the Ministry’s decision and returned the case for reconsideration, concluding that the decision was „made without legal basis“ and that the Ministry’s claim that providing copies of diplomas would entail processing personal data requiring explicit consent of each employee was unfounded - the statement says.

The Agency, they add, emphasized that the Ministry is obliged to provide access to the information, with prior redaction of those parts of personnel files where access is justifiably restricted (such as personal ID numbers, home addresses, and bank account numbers), and that the Ministry must issue a new decision within 20 days of receiving the ruling.

HRA considers it concerning that information on the qualifications of persons responsible for protecting the citizens of Montenegro has been withheld for so long.

- Such conduct undermines trust in institutions and raises questions about the accountability of public officials. Particular concern is caused by allegations that fake diplomas are held not only by some employees in the Ministry, but also by members of parliament and high-ranking state officials. Therefore, we call on the competent prosecutor’s offices to investigate all such allegations without delay, and on the Ministry to finally provide the requested data without further postponement - HRA concludes.