The right to privacy and the transparency of justice: two weighing exercises
Journal Title: Revista Institutului Național al Justiției - Year 2017, Vol 42, Issue 3
Abstract
Within this article, the author emphasizes a problem which is nowadays largely debated in our society, a subject especially highlighted by the journalists – the anonymization of court decisions. In the Republic of Moldova, by way of invoking the practice of general anonymization of judgments, also existent in some of the European Union states, and the recent developments in the field of personal data protection, was proposed the amendment of the Regulation on the manner of publication of judgments on the unique online portal of the national courts. The draft amendment establishes that the judgments must be anonymised „in accordance with the provisions of the Law on the protection of personal data”. The proposals have raised negative reactions among journalists and some lawyers. The author considers that, actually, the circumstances are those which determine the beneficial form and character of the principles and decided to analyse if this solution is justified in the case of the Republic of Moldova. He suggests balancing as a means of striking the fair balance inherent to the European Convention on Human Rights and to the Constitution of the Republic of Moldova, a method which is used even by the European Court of Human Rights.
Authors and Affiliations
Mihai Poalelungi
Keywords
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