Support to the implementation of the judicial reforms in Armenia

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Presentation transcript:

Support to the implementation of the judicial reforms in Armenia Protection of Client’s data against unlawful interception by Jiri Novak

Client’s data? Not just personal data… data generated within the lawyer-client relationship for the purpose of giving or receiving legal advice and/or representation in any type of legal proceedings, whether civil or criminal in nature. correspondence, communication, evidence etc.

Why is protection of Client’s data important? Without the trust in confidentiality ⇨ no assurance to be full and frank with the lawyer ⇨ essential for providing full and accurate legal advice and support ⇨ a crucial guarantee for the fair trial process.

“If a lawyer were unable to confer with his client and receive confidential instructions from him without such surveillance, his assistance would lose much of its usefulness, whereas the Convention is intended to guarantee rights that are practical and effective” ECtHR, S. v. Switzerland (12629/87), 1991, §48

“any person must be able, without constraint, to consult a lawyer whose profession entails the giving of independent legal advice to all those in need of it” CJEU, AM & S v. Commission (155/79) “The interception of conversations between a lawyer and his client unquestionably undermines professional secrecy, which is the basis of the relationship of trust between them” ECtHR, Pruteanu v. Romania (30181/05), 2015, §49

What is the legal basis? Right to a Fair Trial Right to Privacy Art. 6 ECHR Right to Privacy Art. 8 ECHR

“Dutch Intelligence Service Eavesdropping on Lawyers” – the case of Prakken d’Oliveira, tapping of Lawyer – Client communication by intelligence services KINSKÝ v. Czech Republic (ECtHR application no.42856/06) a special police investigation established to eavesdrop on a lawyer to support the state’s position in a civil litigation “3 Men Made Millions by Hacking Merger Lawyers” two New York Law Firms hacked to obtain information on coming M&As

Lawyers must protect their Client’s data – in order to respect the confidentiality Against whom? public authorities private entities employees, partners, contractors (i.e. external and internal threats)

How should lawyers protect Client’s data? Interception by public authorities – insist on: legislative control judicial and independent oversight use of intercepted material legal remedies and sanctions CCBE guidance on Improving the IT Security of Lawyers Against Unlawful Surveillance

Any questions? novak@akbsn.eu