PERSONAL DATA PROTECTION IN CRIMINAL LAW

Abstract

The paper focuses on the norms of Serbian Penal Code that incriminates personal data abuse. Starting with a brief overview of personal data legislation in Serbia, the author states that legal protection of data is guaranteed through constitutional (former federal and republic and the current Constitution) and provisions of Data Protection Law (three Laws were adopted and implemented since 1998), but also with criminal law norms. However, the quality and the implementation of mentioned criminal law provisions is questionable. The author analyses different crimes and notes that certain norms are incoherent with other relevant legislative provisions. The author points to incoherent provisions and provides recommendations de lege ferenda, concluding that legislative changes are needed in order to construct a solid legal framework for personal data protection in domestic Criminal law.