Access to information vs. protection of personal data – a decision of the European Court of Human Rights

Access to information vs. protection of personal data – a decision of the European Court of Human Rights

Tbilisi. According to information released by the Institute for Development of Freedom of Information (IDFI), the European Court of Human Rights has reaffirmed in its important decision of January 21, 2021 once again that restriction of access to information of public interest while carrying out journalistic activities breaches freedom of expression.

“The case was about providing a Ukrainian journalist with information regarding purchase of state property by Viktor Yanukovych, former President of Ukraine. A subject matter of the dispute was also a refusal of the Constitutional Court to provide the applicant with a copy of a constitutional claim of Members of Parliament, which challenged the Law on Language Policy adopted in Ukraine in 2012.

The court should judge whether the refusal of public institutions to provide information to the applicant constituted an unlawful interference with freedom of expression or not. The court decided unanimously that it was breach of freedom of expression. A fair balance between two conflicting interests in the case - protection of personal data and access to public information was ruled out in favor of the latter”, - is stated on the website of the organization.

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Source: idfi.ge

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