The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe

Autor: Gruodytė Edita, Gervienė Silvija
Jazyk: angličtina
Rok vydání: 2017
Předmět:
Zdroj: Baltic Journal of European studies, Vol 7, Iss 2, Pp 284-310 (2017)
Druh dokumentu: article
ISSN: 2228-0596
DOI: 10.1515/bjes-2017-0019
Popis: The right to know the truth is established as one of the rights constituting the right to effective remedy but in post-Communist countries this right is limited to victims of the Communist regime because of failure to access the files of former secret services on two different grounds: certain victim’s information is protected as personal data on the grounds of privacy rights and certain files are still kept as a classified information. Thus, the article analyses if such limitations in post-Communist countries are compatible with Article 8 of the European Convention on Human Rights. The answer is provided using mainly an analysis of the case law of the European Court of Human Rights. Lithuania as a case study was chosen for the analysis in a situation where certain files are kept as classified information.
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