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

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

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 victi...

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Bibliographic Details
Main Authors: Gruodytė Edita, Gervienė Silvija
Format: Article
Language:English
Published: Sciendo 2017-10-01
Series:Baltic Journal of European Studies
Subjects:
access to the files
post-communist countries
private life
right to know the truth
victim
Online Access:https://doi.org/10.1515/bjes-2017-0019
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spelling doaj-d7e15f1a8e6a47a4b1791623fd52aea82021-09-05T20:42:30ZengSciendoBaltic Journal of European Studies2228-05962017-10-017228431010.1515/bjes-2017-0019bjes-2017-0019The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in EuropeGruodytė Edita0Gervienė Silvija1Faculty of Law, Vytautas Magnus University, Jonava Street 66, KaunasLT-3000, LithuaniaFaculty of Law, Vytautas Magnus University, Jonava Street 66, KaunasLT-3000, LithuaniaThe 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.https://doi.org/10.1515/bjes-2017-0019access to the filespost-communist countriesprivate liferight to know the truthvictim
collection DOAJ
language English
format Article
sources DOAJ
author Gruodytė Edita
Gervienė Silvija
spellingShingle Gruodytė Edita
Gervienė Silvija
The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
Baltic Journal of European Studies
access to the files
post-communist countries
private life
right to know the truth
victim
author_facet Gruodytė Edita
Gervienė Silvija
author_sort Gruodytė Edita
title The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
title_short The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
title_full The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
title_fullStr The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
title_full_unstemmed The Right to Know the Truth in the Light of the Right to Privacy: The Case of Victims of the Communist Regime in Europe
title_sort right to know the truth in the light of the right to privacy: the case of victims of the communist regime in europe
publisher Sciendo
series Baltic Journal of European Studies
issn 2228-0596
publishDate 2017-10-01
description 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.
topic access to the files
post-communist countries
private life
right to know the truth
victim
url https://doi.org/10.1515/bjes-2017-0019
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