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Publication date: 27.05.2024
Prevention of disclosure of certain information in the texts of court decisions
Introduction
Ensuring the transparency of judicial processes is an important principle of the rule of law. At the same time, the disclosure of certain information in the texts of court decisions may lead to a violation of the rights to privacy, confidentiality and security of the participants in the court process. This article justifies the need to amend the legislation of Ukraine to prevent the disclosure of such information.
The urgency of the problem
Disclosure of sensitive information
Court decisions containing personal data, details of private life or confidential information can have negative consequences for the participants in the process. This is especially relevant for cases involving family law, criminal proceedings, as well as cases related to trade secrets.
Impact on human rights
Disclosure of confidential information may violate human rights to privacy and protection of personal data enshrined in the Constitution of Ukraine, Laws of Ukraine "On Protection of Personal Data" and "On Information", as well as in international legal acts, such as the European Convention on Human Rights. You may be interested in the following articles: lawyer's consultation, lawyer's consultation, document analysis, legal situation analysis, written consultation, document review by a lawyer, lawyers' documents, lawyer's help online, lawyer online, legal opinion, lawyer's legal opinion, lawyer online.
Analysis of current legislation
Constitution of Ukraine
Article 32 of the Constitution of Ukraine guarantees everyone the right to non-interference in his personal and family life, except for cases provided for by the Constitution. Disclosure of confidential information without a person's consent is a violation of this right.
Law of Ukraine "On Access to Court Decisions"
The Law of Ukraine "On Access to Court Decisions" ensures the openness and accessibility of court decisions to the public. At the same time, the law does not always effectively protect confidential information contained in these decisions.
Law of Ukraine "On Protection of Personal Data"
The Law of Ukraine "On the Protection of Personal Data" establishes norms for the protection of personal data, but does not contain sufficient mechanisms for the protection of this data in the context of court decisions.
Suggestions for changes
Amendments to the Law of Ukraine "On Access to Court Decisions"
It is proposed to amend the Law of Ukraine "On Access to Court Decisions", providing for the mandatory depersonalization of personal data and other confidential information in the texts of court decisions published in public access.
This includes:
Names and surnames of parties, witnesses, victims.
Addresses and other contact details.
Information that can identify a person (for example, passport numbers, identification codes).
Amendments to the Criminal Procedure Code of Ukraine
It is proposed to make changes to the Criminal Procedure Code of Ukraine, providing for the possibility of closed consideration of cases containing confidential information, and a ban on the publication of such data in court decisions.
Amendments to the Civil Procedure Code of Ukraine
It is proposed to make changes to the Civil Procedure Code of Ukraine regarding the restriction of access to court decisions in cases related to family law, as well as cases related to commercial secrets, in order to protect confidentiality.
Amendments to the Law of Ukraine "On Personal Data Protection"
It is proposed to amend the Law of Ukraine "On the Protection of Personal Data" by establishing additional guarantees for the protection of personal data in court decisions that are publicly available.
Conclusion
Preventing the disclosure of certain information in the texts of court decisions is an important component of ensuring the privacy, confidentiality and security of the participants in the court process. An analysis of the current legislation indicates the need to make changes to various normative legal acts in order to effectively protect these rights.
Proposals for amendments to the Law of Ukraine "On Access to Court Decisions", the Criminal Procedure Code and the Civil Procedure Code of Ukraine provide for clarification and expansion of mechanisms for protecting confidential information in court decisions.
It is also important to amend the Law of Ukraine "On Personal Data Protection" to provide additional guarantees of personal data protection in the context of court decisions.
These measures are aimed at ensuring the transparency of judicial processes, protecting the rights and interests of the participants in the legal process, and strengthening citizens' trust in the judicial system as a key component of the rule of law.
