The Pecherskyi District Court of Kyiv ordered the competent officials of the prosecutor’s office to enter information into the Unified Register of Pre-Trial Investigations regarding possible unlawful disclosure of personal data
According to the court ruling, attorney Serhii Gromov, acting as representative of the applicant — Mikheil Nikolozovych Saakashvili — filed an application with the Kyiv City Prosecutor’s Office on 31 July 2017 regarding the alleged commission of a criminal offence. However, the relevant information was not entered into the Unified Register of Pre-Trial Investigations.
As a result, the inaction of the authorized officials of the prosecutor’s office was challenged before the investigating judge of the Pecherskyi District Court of Kyiv.
On 17 November 2017, the court, having considered the complaint in an open hearing, found grounds to grant it. By its ruling, the court ordered the authorized officials of the Kyiv City Prosecutor’s Office to enter the relevant information into the Unified Register of Pre-Trial Investigations based on the application filed by the applicant’s representative and to commence a pre-trial investigation.
The court ruling is not subject to appeal.
The Essence of the Legal Position
This case is significant from the perspective of protecting the right to private life and personal data.
The publication of a person’s residential address, telephone number or other personal data without a proper legal basis may create real risks to that person’s safety, privacy, reputation and normal personal life. This issue becomes particularly sensitive where the person concerned is a public figure, political actor or someone at the centre of public attention.
Public status does not mean the loss of the right to private life.
A person may be a politician, public figure, participant in public debate or subject of criticism, but this does not mean that his or her personal data may be freely and uncontrollably disseminated in the public domain. The boundary between public interest and interference with private life must remain legally defined.
Why Entry into the Unified Register of Pre-Trial Investigations Matters
The entry of information into the Unified Register of Pre-Trial Investigations does not mean that a person’s guilt has been established. It is not a conviction and does not confirm that a criminal offence was committed by a specific person.
However, it is a necessary procedural step for the official commencement of a pre-trial investigation.
Without entry into the register, the applicant is effectively deprived of the possibility to seek a proper examination of the circumstances set out in the application within criminal proceedings. That is why the law imposes an obligation on authorized officials to respond to applications concerning criminal offences in accordance with the established procedure.
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If that obligation is not performed, the inaction of an investigator, inquiry officer or prosecutor may be challenged before an investigating judge.
Protection of Personal Data as Part of the Right to Private Life
The right to protection of private life, personal and confidential information is protected by Ukrainian legislation and international instruments.
The Law of Ukraine “On Personal Data Protection” recognizes personal data as an object of legal protection. The European Convention on Human Rights guarantees everyone the right to respect for private and family life. The International Covenant on Civil and Political Rights also protects individuals against arbitrary or unlawful interference with their privacy, family, home or correspondence.
In the digital era, these guarantees have particular importance. A single social media post can disseminate personal data to thousands of users. The consequences of such disclosure may be immediate, uncontrolled and long-lasting.
That is why the legal response to the unlawful dissemination of personal data must be prompt and principled.
Legal Work in Such Cases
In cases involving protection of personal data and private life, it is important to act quickly and with documentary precision.
It is necessary to record the fact of dissemination, preserve evidence of the publication, establish the content of the disclosed data, assess the possible consequences for the person concerned, prepare an application concerning a criminal offence, monitor the entry of information into the Unified Register of Pre-Trial Investigations and, in case of inaction by authorized officials, challenge that inaction before the court.
This case demonstrates that even where the prosecutor’s office does not enter information into the register, the applicant has a procedural tool for protection. The investigating judge may review the inaction of authorized officials and order them to comply with the requirements of criminal procedure law.
Conclusion
The right to private life is not a secondary right.
It does not disappear because of a person’s public status, political activity, public interest or participation in public debate. Protection of personal data is part of a person’s legal security.
In this case, Mikheil Saakashvili’s lawyers secured a court ruling ordering the Kyiv City Prosecutor’s Office to enter information into the Unified Register of Pre-Trial Investigations and commence a pre-trial investigation based on an application concerning a possible violation of the right to private life.
This is an example showing that protection of privacy is not a declaration, but a concrete legal action.
And when the right to private life is violated, it must be defended professionally, consistently and within the law.
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Legal Work in Such Cases
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Conclusion
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number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.
Conclusion
Trial Investigation
number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.
Conclusion
Trial Investigation
number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.
Conclusion
Trial Investigation
number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.
Conclusion
Trial Investigation
number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.
Conclusion
Trial Investigation
number.
public attention.
person.
established procedure.
Legal Work in Such Cases
precision.