The Personal Data Anonymization in Court Decisions Cover Image

Anonymizace osobních údajů v soudních rozhodnutích
The Personal Data Anonymization in Court Decisions

Author(s): Christian May, John A. Gealfow
Subject(s): Law, Constitution, Jurisprudence
Published by: Masarykova univerzita
Keywords: right to privacy;free access to information;anonymization;access to judicial decisions;proportionality test; transparency of the judiciary; information about criminal conviction

Summary/Abstract: The extent of personal data anonymization contained in judgements of domestic courts has never been unified. The approach of individual courts depends on unclear criteria, which, from the point of view of current legislation, cannot be unequivocally determined. It is, however, possible to determine certain limits of the anonymization of personal data in court decisions using the analysis of basic principles of individual types of judicial proceedings together with principles of the right to the access to information, protection of personal data and philosophy of protection of human rights. This article criticizes the way in which Czech courts as public subjects obliged to provide information based on the Czech statute about free access to information for the reason that the courts fail to recognize that there can be no dogmatic answer about what type of personal data should be anonymized applicable to all cases. The courts fail to recognize the conflict between two human rights – right to privacy and right to the access to information. The courts must provide reasoning, which right should outweigh the other in particular case based on the circumstances of the information asked (e.g. information about publicly active person) and on the circumstances of the person demanding the information (motivation of the person and the purpose information will be used for, also the public interest in having the information public). Authors conclude that without proper reasoning about these criteria the constitutional right to the access to information is violated.

  • Issue Year: 10/2019
  • Issue No: 19
  • Page Range: 3-39
  • Page Count: 37
  • Language: Czech