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New Rules on Anonymization of Data about Persons Appearing in the Supreme Court of Justice Records

08 September 2017
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Mihai Poalelungi, the president of the Supreme Court of Justice (SCJ), abrogated his own directive of February 15, 2017 on online publication of judgments and adopted a new decision, on September 7, about the content and functioning of the Court’s website.

Thus, in the SCJ judgments published online, the names of minors will be anonymized if they appear in court acts; the publication of court acts in cases concerning sexual offences will be forbidden; personal data about a person’s state of health (regardless of the disease they have) and bank details will be hidden upon publication of court acts; and so on.
According to the new directive of the SCJ president, it is forbidden to publish court acts on the website if the court of first instance or the court of appeal decided on examining the case in “closed” or secret hearing, as well as court acts pronounced in cases that, according to the law, must be examined in secret hearing. However, if a competent court panel of the SCJ decides that the court of first instance or the court of appeal ordered to examine the case in “closed” hearing or in secret hearing in violation of the law, the SCJ decision will be published.
The new directive also prohibits publication of court acts pronounced in cases involving sexual offences and in situations when the court panel decides so, based on the rationale provided by the legislation in force. In such cases, a document will be published that will contain only the number of the case/decision, the date of its pronouncement and the mention that the publication of the court act is not possible.
Another new provision is to hide data about persons’ state of health (regardless of their disease) and their bank details when publishing court acts.
Also, the names of minors will be anonymized if they appear in court acts.