The right to freedom of expression: Training on national and international standards on privacy and access to public documents in Pristina (JUFREX)

PRISTINA, Kosovo 27-28/03/2018
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© Photo: Council of Europe

© Photo: Council of Europe

The training on national and international standards on privacy and access to public documents took place on 27-28 March in Pristina. In total, about 15 participants including, judges, prosecutors and trainers participated in the training.

The first day of the training was dedicated to privacy. It started with a discussion with participants who had to identify elements of what is considered privacy, especially in relation to media publications. The first session was focused on how privacy and access to public documents is regulated at local level. Data protection legislation and criminal law, as well as the law on access to public documents were topics elaborated during the first session. Participants were active with questions and comments, while both topics were important for them as they are currently dealing with such cases. 

The second session was focused on institutional framework and on the role of Data Protection Agency and the Ombudsperson, as well as the role and precedents of the local courts. There were identified interesting cases of privacy and access to public documents which were shared with participants. The session was followed with questions, which made the training much more attractive and interesting. 

The last part was dedicated to European standards - focusing on the standards established by the ECtHR. By referring to Article 10 of the European Court of Human Rights and specific case law, the best standards on various aspects of privacy and access to public documents were elaborated. In addition, this session was focused on four step test established by the Court in the Grand Chamber case against Hungary which could potentially be used by the judges in the future when they deal with access to public documents. Upon the request of participants, the trainer provided an analysis of four national judgments on access to public documents, comparing them with ECtHR requirements and criteria.

This event was implemented with the financial assistance of the European Union and the Council of Europe. The views expressed herein can in no way be taken to reflect the official opinion of the European Union.

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