ONLINE PUBLISHED CIVIL JUDICIAL DECISIONS IN ROMANIA - BALANCING THE CONFLICT BETWEEN THE PRINCIPLE OF PUBLICITY IN COURT PROCEEDINGS AND THE RIGHT TO PERSONAL DATA PROTECTION
ONLINE PUBLISHED CIVIL JUDICIAL DECISIONS IN ROMANIA - BALANCING THE CONFLICT BETWEEN THE PRINCIPLE OF PUBLICITY IN COURT PROCEEDINGS AND THE RIGHT TO PERSONAL DATA PROTECTION

Summary/Abstract: According to the principle of the publicity of the court hearings, the civil trial usually takes place in public hearing, in court, not only in the presence of the parts, but also in that of any other person who, even if he or she is remote from the litigation, wants to attend the debates. However, in the absence of the subjects’ consent, it is required the anonymisation of all personal data regarding any person mentioned throughout the court order published online, excepting the judges’ name and surname. Although the publicity manifests itself in front of the court, including public’s presence in the hearing room, this does not mean that the persons, who do not want to attend the debates, must be subsequently provided the access to the information regarding different litigations that were on the role of court. Consequently, the principle of publicity of the court hearings does not entitle anyone to publish the data offered by the courts and to treat them as public information, but not personal data.

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