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AndriyNYZHNY,

Judge, the Lenin District Court of Dnipropetrovsk,

  Doctor of Law Sciences

BALANCING THE RIGHT TO A FAIR TRIAL AND THE RIGHT TO PROTECTION OF PERSONAL DATA IN CIVIL JUSTICE

The article is devoted to problematic issues of protection of personal data of the participants of the case and other persons during the consideration of cases in the order of civil proceedings.

It is concluded that the court is obliged to balance the right to a fair trial and the right to respect for private life at the stages of resolving the issue of conducting an open or closed trial, collecting and researching evidence, motivating a court decision. It is proposed to give the court the right, but not the duty, to consider the case in a closed court session in cases where the case is related to secret information.

It is substantiated the expediency of the exclusion of the norm of Part 8 of Article 7 of Civil Procedural Code of Ukraine on the possibility of declaring personal papers and correspondence in a court session only with the consent of the persons defined by the Civil Code of Ukraine, as such circumstances can only be the basis for holding a closed court hearing.

It is also proposed to establish the right of a judge to determine information that is not subject to publication in the Unified State Register of Judgments, regardless of whether a closed court hearing was held for the protection of such information.

Key words: protection of personal data, closed court session, relevance of evidence, disclosure of a decision. 

References

Judgment of the European Court of Human Rights of 29 June 2006 in the case of Panteleyenko v. Ukraine. URL: http://zakon.rada.gov.ua/laws/show/974_274. [ukr.]

Judgment of the European Court of Human Rights of 15 July 2010 in the Case of Ukraine-Center Newspaper v. Ukraine. URL: http://zakon.rada.gov.ua/laws/show/974_594. [ukr.]

Article 6 Handbook Right to a fair trial (civilian part) / Council of Europe, European Court of Human Rights. Strasbourg, 2013. 77 p. URL: http://www.echr.coe.int/Documents/Guide_Art_6_UKR.pdf. [engl.]

Judgment of the European Court of Human Rights of 9 January 2013 in the case of Alexander Volkov v. Ukraine. URL: http://zakon.rada.gov.ua/laws/show/974_947. [ukr.]