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Salus populi suprema lex . Marcus Tullius Cicero

Non-interference into private and family life of officials: the interpretation of the Constitutional Court of Ukraine
Wednesday, 25 January 2012 21:30

ccu On January 20, 2012 the Constitutional Court of Ukraine proclaimed a decision on the official interpretation of the first & second paragraph of Article 32, second & third paragraph of Article 34 of the Constitution of Ukraine (case on right to non-interference into private and family life of official persons).

The Constitutional Court considered that the implementation of the right to privacy of family life is guaranteed to every person regardless of gender, political, property, social, linguistic or other characteristics, as well as the public status , including state employee, state or public figure.

The Constitutional Court of Ukraine concluded that information about personal and family live of individuals is any information about an individual, by which he/she can be identified or specifically identified, namely the information on: nationality, education, marital status, religious beliefs, health, financial status, address, date and place of birth, place of residence, on private property and non-property relations with other persons, including family members, on facts that take place in everyday life, intimate, social, professional, business spheres of life, excluding information on executing professional obligations by a person who is exercising state functions or functions of local authority bodies .

Information about personal and family live is confidential and may be disseminated only with the consent of a person, except the cases which are determined by law and only in the interests of national security, economic prosperity and human rights.

Giving the interpretation of the second & third of Article 34 of the Constitution of Ukraine, the Constitutional Court concluded that the collection, keeping, usage and dissemination of confidential information about individuals without their consent by the state, local authorities, legal entities or individuals is an interference into private and family life . Such interference shall be allowed only in cases determined by law and only in the interests of national security, economic prosperity and human rights.

Prepared by Andriy Petriv
Member of Council of EACLA

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