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Balancing Data Protection with Transparent Justice – The European Legal Framework


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Transparency of the courts is one of the strongest safeguards of an independent and impartial judicial system. However, ever evolving technologies used in the context of investigative and judicial proceedings raise questions regarding how most effectively to guarantee the fair, efficient and transparent administration of justice, whilst also capitalising on the potential benefit of new technologies. This publication looks to identify and analyse potential human rights issues in relation to data protection and privacy of information in the context of judicial proceedings. In Part one, there is an overview of relevant international instruments as well as an analysis as to how these instruments have been interpreted and applied by international bodies. Part two of the guide contains summaries of case-law from the European Court of Human Rights and the Court of Justice of the European Union, in cases identified as most relevant to the issues discussed in Part one.


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