The processing of personal data by the courts is an integral part of deciding whether a person is guilty of a crime or resolving disputes. In order for a court to be able to hear and decide a case impartially, it needs to have at its disposal a considerable amount of information, including, of course, personal data of various categories. This is necessary for the court to be able to perform its basic functions, such as communicating with the parties, organising hearings, evaluating the material, referring the judgment to other bodies for enforcement, etc.

Although courts must comply with the requirements of the Data Regulation when dealing with cases, it is not within the competence of the State Data Inspectorate (the Inspectorate) to monitor the activities that courts carry out in the performance of their tasks. Thus, people cannot complain to the Inspectorate about alleged infringements of the processing of personal data in the course of legal proceedings.

This rule exists given that any other actors, including public authorities, must respect the independence of the judiciary and refrain from interfering in the exercise of the fundamental judicial functions. In order for a court to be able to adjudicate effectively, it is important that it has all the information it needs to achieve this objective. The Court, as the controller, knows best in each particular case what information and data it needs to fulfil its obligations under the law, so limiting the Court’s activities could pose a disproportionate threat to the functioning of the judiciary.

Similarly, to ensure that arbitrary and disproportionate processing of personal data is not carried out during legal proceedings, the courts themselves should ensure that data subjects can report such breaches to them and that possible breaches are objectively assessed. This is ensured, for example, by the right to lodge an ancillary complaint against infringements during the proceedings.

Courts apply appropriate technical and organisational measures to protect personal data which come under their control. Court staff are responsible for ensuring that the information available to them is used only for the performance of their duties. Courts shall also ensure that personal data contained in case files are accessible only to those authorised to do so by law.

As the public may have an interest in the work of the courts and in particular cases before them, there are limitations in the law that protect personal data in situations where other people wish to participate in the court proceedings. Some examples are discussed below.

While the general principle is that court hearings are open, the privacy of litigants, including personal data, is protected by setting closed hearings when dealing with cases containing sensitive information. Closed sessions may be used, for example, to decide on the limitation of a person’s legal capacity on grounds of mental or other health problems or to award damages for breaches of medical treatment. Special protection is also provided where minors are concerned. In such hearings, the information available to the public (the scope of the ruling) is also limited.

Procedural laws also lay down what must be observed if visitors to a hearing wish to record the proceedings by means of sound or image recordings. For example, in criminal proceedings, both sound and image recordings at a hearing must be authorised by the court and the consent of the accused, his defence lawyer, the prosecutor, the victim and the witness must be obtained (journalists are subject to different rules). In civil proceedings, however, the proceedings may be recorded or otherwise recorded without the prior consent of the court, but photographs and films may be taken only with the permission of the court, on which the court shall also ascertain the views of the parties.In the event of non-compliance by those present at the hearing, the court may impose procedural sanctions for such acts in accordance with the procedure laid down by law.

When court decisions are published, data that can identify a natural person (e.g. name, address of residence and immovable property, national registration number of the car) are deleted or replaced by appropriate indications.

https://www.dvi.gov.lv/lv/jaunums/dviskaidro-kas-ir-jazina-par-datu-apstradi-tiesas?utm_source=https%3A%2F%2Fwww.google.com%2F