Protection of private life


(according to Article 67 of Law 4478/2017)

Public exposure of the victim often leads to secondary and multiple victimization, intimidation, and retaliation. The private life and personal data of the victim should receive special protection and respect by everybody, especially the media. Both the publicity and the recording of trials should be limited.
Article 67 of Law 4478/2017 includes precisely this right to the protection of the victim’s private life. The following is provided:

1. During the course of criminal proceedings, the competent law enforcement, public prosecution, and judicial authorities shall apply appropriate measures to protect the victim’s private life, taking into account the personal characteristics of the victim resulting from the individual assessment procedure pursuant to Article 68 of this Law and the image of the victims and their family members and, in particular, to prevent the dissemination of any information that may facilitate the identification of minor victims or victims requiring special protection.

2. If the publicity of the hearing is detrimental to the principles of morality or special reasons exist to protect the privacy or family life of the parties, in particular if publicity in proceedings concerning crimes against sexual freedom and the financial exploitation of sexual life result in particular mental suffering or embarrassment to the victim, and indeed a minor, the court shall order that the trial, or a portion thereof be conducted without publicity. In order to avoid publicity, after hearing the prosecutor and the parties, the court shall issue a reasoned decision and pronounce it in open court.

3. The private life and identity of the victim are protected by all services involved and the processing of his or her personal data is always carried out in accordance with the provisions of Law 2472/1997, as amended or replaced from time to time.

4. Broadcasting in full or in part via television or radio, as well as filming and taping of the proceedings before a criminal court shall be prohibited. Exceptionally, the court may authorize such actions if the prosecutor and the parties agree and if there is an essential public interest.

5. Television broadcasting or filming or videotaping or photographing victims appearing before prosecutors or police and other authorities is prohibited.

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