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

Gruodytė Edita () and Gervienė Silvija ()
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Gruodytė Edita: Faculty of Law, Vytautas Magnus University, Jonava Street 66, KaunasLT-3000, Lithuania
Gervienė Silvija: Faculty of Law, Vytautas Magnus University, Jonava Street 66, KaunasLT-3000, Lithuania

TalTech Journal of European Studies, 2017, vol. 7, issue 2, 284-310

Abstract: 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.

Keywords: access to the files; post-Communist countries; private life; right to know the truth; victim (search for similar items in EconPapers)
Date: 2017
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Persistent link: https://EconPapers.repec.org/RePEc:vrs:bjeust:v:7:y:2017:i:2:p:284-310:n:12

DOI: 10.1515/bjes-2017-0019

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