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The Supreme Court of Justice Ruled in Favor of RISE Moldova and Forced the Ministry of Internal Affairs to Disclose the Information Requested by Journalists

30 March 2018
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RISE Moldova journalists requested back in April 2016 from the Ministry of Internal Affairs information on listing 10 individuals as wanted nationally and internationally, specifying the article from the Criminal Code underpinning the charges and the criminal cases opened against them. The Ministry of Internal Affairs refused to provide the requested information for journalistic purposes, and RISE decided to defend its rights in the court of law.

The case was examined by the Court of Appeal, which forced the Ministry of Internal Affairs to provide the information requested by journalists. The Ministry disagreed with this judgment, referring to the Law on Personal Data Protection, and appealed to the Supreme Court of Justice.

The Supreme Court of Justice (SCJ), through  its  judgment of 21 March 2018, ruled out the appeals of the Ministry of Internal Affairs (MIA) and of the Information Technologies Service of MIA against the Court of Appeal judgment of 5 December 2017 as inadmissible, thus acknowledging the right of RISE journalists to request and receive information about internationally and nationally wanted persons, and the articles based on which they are charged. The Supreme Court of Justice resolution is irrevocable.

Lawyer Vitalie Zama, who defended the journalists’ rights in the court, stated for media-azi.md: ‘It was a difficult trial, where I had to prove that the public interest to know this information prevails over the protection of personal data, invoked by public authorities.’

Previously, Vitalie Zama told   RISE Moldova   that this case had created a precedent in the fight for freedom of expression and access to information in the Republic of Moldova. ‘So far, there haven’t been any other court judgments which would force MIA to disclose data. That is, the Supreme Court of Justice has confirmed that obtaining information of public interest prevails over personal data protection, invoked by law enforcement bodies’, added Zama, who had defended RISE journalists in the court for two years.

After the SCJ ruled on the case, RISE Moldova re-submitted the request to MIA.