The lawyer applied to the Human Rights Defender of
Armenia Mr. Arman Tatoyan to request assistance in removing the personal data
of their client who is a minor from the DataLex judicial information system.
The lawyer noted that the child is recognized as a
victim of sexual violence envisaged by Article 139 of the Criminal Code of
Armenia. However, the fact that the personal data of the child is public is
problematic, since they could easily be identified.
The Office of the Human Rights Defender of Armenia contacted
the assistant of the judge, the representative of the Judicial Department of
Armenia, and the Head of the IT service of the Judiciary of Armenia. The latter
stated that it is possible to make a personal data in DataLex confidential
based on the application of any party to the lawsuit.
The relevant information was passed to the lawyer, who
later informed the Office of the Defender that the child's data was made
confidential.
The Human Rights Defender referred to this topic in
their annual report of 2020, noting that insufficient legal protection of
personal data in the framework of the publication of judicial acts is an urgent
issue.
The issue is the fact that despite the existing legal
requirement to allow the confidentiality of personal data on the official
website of the judicial authorities, however in practice, no effective
structures are in place to ensure its full implementation.
This implies that the details of the personal and
family life of a person continuous to be publicly accessible without any
reasonable justification.
The details of the personal and family life of a
person becomes public information if for any reason that specific person
becomes in judicial process. This is unacceptable from the viewpoint of human
rights.
The Human Rights Defender of Armenia submitted
proposals to solve the mentioned issue:
1. Implement a pregame allowing for the classification of
personal data in the official website of the judicial authorities as soon as
possible.
2. Raising the awareness of the public about the fact
that it is possible to restrict access to personal data in judicial acts
published on the official website of the judicial authorities by applying to
the Judicial Department of Armenia.
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