pátek, června 29, 2018

Right to be forgotten v. právo veřejnosti na informace u ESLP

Případ M.L. a W.W. v. Germany rozhodnut u ESLP. Right to be forgotten odsouzených osob v. právo veřejnosti na informace 0:1. ESLP
Tedy - případ Manfred Lauber a Wolfgang Werlé v Německo rozhodnut...

Rozsudek je dostupný ve francouzštině (http://hudoc.echr.coe.int/eng/?i=001-184438)

Z tiskové zprávy vybíráme zajímavé pasáže:
The Court concluded that the availability of the impugned reports on the media’s websites at the time that the applications were lodged by M.L. and W.W. continued to contribute to a debate of general interest which had not been diminished by the passage of time. 

As to how well known the applicants were, the Court observed that they were not simply private individuals who were unknown to the public at the time their request for anonymity was made. The reports in question concerned either the conduct of their criminal trial, or one of their requests for the reopening of that trial, and thus constituted information capable of contributing to a debate in a democratic society. 

As to M.L.’s and W.W.’s conduct since their conviction, the Court observed that the applicants had lodged every possible judicial appeal to obtain the reopening of the criminal proceedings against them. During their most recent request to reopen proceedings in 2004, M.L. and W.W. had contacted the press, transmitting a number of documents while inviting journalists to keep the public informed. The Court noted that as a result of the applicants’ conduct vis-à-vis the press, less weight was to be attached to their interest in no longer being confronted with their convictions through the medium of archived material on the internet. Their legitimate hope of obtaining anonymity in the reports, or even a right to be forgotten online, had thus been very limited.

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