With many members of the judiciary still on vacation, on 23 August 2024, more than 45 judges and prosecutors from the Republic of Moldova attended the online inaugural seminar of the Council of Europe HELP course on Personal Data Protection in the Publication of Judicial Decisions.
The inaugural seminar was organized by the National Institute of Judicial Affairs of the Republic of Moldova (NIJ) in collaboration with the Judicial and Human Rights Training Division of the Council of Europe and was moderated by Tatiana Blumer.
The online event began with a welcome speech from Ekaterina Popa, Head of Training and Research Department at NIJ and HELP Focal Point. She praised the collaboration with the HELP program and provided information about the impressive number of over 2,000 people who have taken HELP courses in the last year alone. She also expressed NIJ’s interest in launching more HELP courses in the coming year, focusing on various topics, including those related to the integration of the Republic of Moldova into the European Union.
Tatiana Ciaglic, Director of the NIJ Legal Information Center and HELP lecturer, spoke about national efforts and challenges regarding public access to court rulings, decisions, and other information on cases heard by courts. Next, Octavian Sofranski, from the Digital Development and Governance Division of the Council of Europe, spoke about the challenges of protecting the right to private life in today's world and the Council of Europe's response to them. He went into a bit more detail about the Council of Europe's Convention on the Protection of Individuals with regard to Automatic Processing of Personal Data and related instruments (Convention 108+).
The online event ended with a session led again by Tatiana Ciaglic, a HELP instructor for the participating groups. She explained how the course can be delivered online after the event. She will provide support and guidance to participants over the coming weeks.
During the launch event, all participants will be registered on a dedicated course page and ready to start their guided course. Those who complete the course will be awarded a HELP certificate issued by the Council of Europe and the NIJ.
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The HELP course on personal data protection in the publication of judicial decisions recognises that wider publication of judicial decisions is a fundamental aspect of “open access to justice” and serves various public interests, such as transparency, legal certainty, public trust and the rule of law. However, it also implies various risks to the individual's right to privacy as provided for in Article 8 of the European Convention on Human Rights, the EU's General Data Protection Regulation (GDPR) or the Council of Europe's Convention 108+ on the Protection of Individuals with regard to Automated Processing of Personal Data. Indeed, the risks of re-identification and profiling arising from the publication of judicial decisions are just one example of a practice that may lead to discrimination, public humiliation or a violation of the right to be forgotten.
This online course was developed in 2023 by a group of experts and lawyers specializing in privacy and personal data protection. It aims to introduce, in two modules of 60 minutes each, the importance of data protection in the publication of judicial decisions, what personal data are and how they can be collected, used and protected through different mechanisms and means. It explores the topics practically using presentations, interactive screens, knowledge tests and reflection exercises, allowing users to apply the knowledge and skills acquired.
The course is primarily aimed at legal professionals such as judges, clerks and court registry officers, but is relevant to all legal professionals such as prosecutors, lawyers and will be particularly useful to policy drafters, and can be used by other public authorities such as national human rights institutions, administrative and parliamentary officials, university students and civil society organisations.
The course is delivered in a 2-hour self-paced format and is currently available in English, Greek, Hungarian, Lithuanian, Polish, Romanian, and Slovenian. Translations into other languages are in progress. Upon completing the course, users can generate an electronic certificate proving the knowledge and skills acquired.
In the long term, HELP courses aim to become an integral part of the overall study curriculum of national training institutions and other competent authorities in CoE Member States and other countries.