Обработка и защита персональных данных судей и государственных гражданских служащих судебной системы: взаимодействие публичных и частных интересов

Abstract

In the context of information society and possibilities of collecting and processing large volume of information, as well as instantly transmitting it, the issues regarding the intentions behind processing personal data and ensuring proper measures for its protection become more pertinent, particularly concerning the individuals whose personal data is processed and protected not only (and not so much) for private interests, but for public ones. Among such individuals, there are judges and civil servants of judiciary system. According to the authors, processing of judges’ personal data is aimed at achieving a publicly significant goal of ensuring administration of justice by independent and impartial court. However, this goal, regrettably, is not enshrined in existing legislation. At the same time, this lack of goal definition may lead to excessive collection of personal data posing a threat of unreasonable interference with privacy, as well as to unjustified reduction of the list of data collected, possibly affecting public interests. The authors also draw the conclusion that there are drawbacks in legal regulation regarding protection of personal data of special individuals, and they suggest introducing a legal mechanism of depriving a civil servant committing a grave violation of treating this data of the access to them.