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Latvia / Administrative Regional Court / A420197217

A/S “Delfi” and an individual

Policy area:
Information society
Deciding Body type:
National Court/Tribunal
Deciding Body:
Administrative Regional Court
Type:
Decision
Decision date:
12/07/2018

Key facts of the case:

The applicant applied to the court after A/S “Delfi” made unlawful actions (A/S “Delfi” posted hyperlinks that link to the articles that include applicant’s personal data about criminal proceedings in one case) in connection with the applicant’s personal data, and the Data State Inspectorate’s (DSI) refusal to open a case. The applicant stated that because of DSI’s refusal his fundamental right to private life has been violated.

Key legal question raised by the Court:

Is the refusal of the Data State Inspectorate to impose an obligation on AS "Delfi" to delete sources of information containing the applicant's personal data ilawful ? 

Outcome of the case:

The court stressed that the information about concrete criminal proceedings can be published since public interest is involved. If the court ruled otherwise, it would be against Section 12 of the Personal Data Protection Law. The court added that these articles do not include information about the investigation materials or other materials that would violate the principle of presumption of innocence. Such information cannot be published.