Key Activities
3. Key Petitions
A. Prosecution, Police, and Courts
Human rights infringement caused by a court’s leakage of personal information
The Commission concluded that court issuance of copies of trial records to an offender
accused of sexual violence, without ensuring the victim’s anonymity, infringes upon the right to
informational self-determination, and the privacy and freedom of the victim, which are guaranteed
under the Constitution. On January 18, it recommended the chief judge of the district court to
warn the official in charge and train the staff. It also advised the Minister of Court Administration
to revisit the regulations on viewing and copying of trial documents to protect the personal
information of assault victims.
The spouse of the victim filed a petition with the Commission that the court official in charge
of issuing copies of court trial documents had released to the offender’s attorney documents
containing information about the victim, causing the leakage of personal information.
According to the official, efforts are usually made to prevent secondary victimization of victims
when court trial records are handled for viewing and copying. In this particular case, the official
could not confirm whether the victim’s personal information was actually leaked, but felt greatly
concerned about the harm negligence on his/her part might have caused the victim.
An investigation showed that an employee from the legal office representing the offender
requested copies of trial records from the court and received copies, which contained the personal
information of the victim. The attorney used the victim’s address and resident registration number
to fill out a civil deposit form and submitted it to the court, and the petitioner later received a court
notice of deposit showing the victim’s personal information.
While recognizing that the official’s careless handling of the victim’s personal information may
have seriously compromised the victim’s safety, the Commission did not determine that the official
was entirely responsible for this incident because the current regulations offer no clear provisions
on how to make the personal information of victims anonymous.
The internal operational policies of the prosecution limit viewing, copying, and releasing trial
records in the event that doing so may seriously violate the privacy, reputation, physical safety, and
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