PERSONAL DATA PROTECTION IN CRIMINAL PROCEEDINGS

The penetration of information technologies and systems into all spheres of society and the state also affects the criminal justice system.  The issues of its susceptibility to the trends of the era of computerisation, informatisation and digitalisation are related to many factors: the growing number of crimes committed with the use of information and communication technologies or in the sphere of computer information, the need to change the information environment of law enforcement and judicial bodies, the readiness and ability of the state to ensure the necessary level of information security of participants in criminal proceedings.  The most vulnerable to these factors are the privacy and personal data of participants in criminal proceedings. Although the law of criminal procedure has in recent years established a number of additional procedural guarantees for their protection (non-disclosure of data on the verification of the crime report, the possibility of testifying under a pseudonym), unfortunately, this is insufficient at present.  The article analyses the development of legislation on personal data, the concept of personal data, their correlation with the concept of citizens’ privacy, specific ways of personal data protection in criminal proceedings (inadmissibility of disclosure of preliminary investigation data, testimony under a pseudonym, closed court sessions).

Authors

Publication Details

Journal
The rule-of-law state theory and practice
Published
2025-01-01
DOI
https://doi.org/10.33184/pravgos-2025.1.15
Primary Topic
European Criminal Justice and Data Protection
Type
article
Field-Weighted Citation Impact
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article

PERSONAL DATA PROTECTION IN CRIMINAL PROCEEDINGS

Iraida Smolkova
The rule-of-law state theory and practice
European Criminal Justice and Data Protection
article

PERSONAL DATA PROTECTION IN CRIMINAL PROCEEDINGS

Iraida Smolkova
article en

Abstract

The penetration of information technologies and systems into all spheres of society and the state also affects the criminal justice system.  The issues of its susceptibility to the trends of the era of computerisation, informatisation and digitalisation are related to many factors: the growing number of crimes committed with the use of information and communication technologies or in the sphere of computer information, the need to change the information environment of law enforcement and judicial bodies, the readiness and ability of the state to ensure the necessary level of information security of participants in criminal proceedings.  The most vulnerable to these factors are the privacy and personal data of participants in criminal proceedings. Although the law of criminal procedure has in recent years established a number of additional procedural guarantees for their protection (non-disclosure of data on the verification of the crime report, the possibility of testifying under a pseudonym), unfortunately, this is insufficient at present.  The article analyses the development of legislation on personal data, the concept of personal data, their correlation with the concept of citizens’ privacy, specific ways of personal data protection in criminal proceedings (inadmissibility of disclosure of preliminary investigation data, testimony under a pseudonym, closed court sessions).

The rule-of-law state theory and practice(1(79))
Peace, Justice and strong institutions
Openalex Percentile: Top 88%
European Criminal Justice and Data Protection
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