5.  The applicant is a non-governmental organisation set up in 2003 and based in Belgrade. It monitors the implementation of transitional laws with a view to ensuring respect for human rights, democracy and the rule of law. 6.  On 31 October 2005 the applicant requested the intelligence agency of Serbia (Bezbednosno-informativna agencija) to inform it how many people had been subjected to electronic surveillance by that agency in 2005. 7.  On 4 November 2005 the agency refused the request, relying thereby on section 9(5) of the Freedom of Information Act 2004. 8.  On 17 November 2005 the applicant complained to the Information Commissioner (Poverenik za informacije od javnog značaja i zaštitu podataka о ličnosti – “the Commissioner”), a domestic body set up under the Freedom of Information Act 2004 to ensure the observance of that Act. 9.  On 22 December 2005 the Commissioner found that the intelligence agency had breached the law and ordered that the information requested be made available to the applicant within three days. The agency appealed, but on 19 April 2006 the Supreme Court of Serbia held that it lacked standing and dismissed its appeal. 10.  On 23 September 2008 the intelligence agency notified the applicant that it did not hold the information requested.